- 53 - transactions designed to defraud the U.S. Government and which had been placed in secret Swiss bank accounts over which the taxpayers exercised control. The Court of Appeals concluded that the funds need not be included in income. The Court of Appeals stated even when a corporate officer is its sole shareholder (and thus in ultimate control), and he transfers corporate funds to his personal checking account, and his dealings with the corporation are “extremely informal,” there is no constructive dividend so long as he can show that his intent “was to use such funds for corporate purposes as an agent of the corporation.” * * * [Id. (quoting Nasser v. United States, 257 F. Supp. 443, 449 (N.D. Cal. 1966)).] Petitioner contends that the following facts demonstrate that he was acting on behalf of his corporations as an agent, to benefit the corporations, when he withdrew corporate funds and placed them into personal accounts: (1) He returned funds to IL NA Tours to facilitate IL NA Tours’ meeting its obligations to remit $62,155 per month to Northwest; (2) except for a nominal amount, he did not use the funds for personal purposes but instead invested them for corporate purposes; i.e., in an effort to save his corporations by earning money with which to repay Northwest; (3) he made personal guaranties of the corporate debt;32 (4) he transferred funds to the ANB accounts, the control 32 Petitioner also argues in this connection that he mortgaged personal assets in order to obtain letters of credit (continued...)Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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