Steven K. Han - Page 65





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          Cir. 1968) (taxpayer’s uncontradicted testimony need not be                 
          accepted), affg. T.C. Memo. 1967-119.                                       
               The objective evidence in the record contradicts                       
          petitioner’s contention that he was acting as an agent in                   
          furtherance of a corporate purpose.  Petitioner points first to             
          the fact that between January and February 1988, he returned                
          significant sums to IL NA Tours; that is, of the $1,294,058 that            
          he initially transferred from an IL NA Tours’ corporate account             
          to his personal FCIS account, $752,702 was returned to IL NA                
          Tours before the end of February.33  It is true that this return            
          of funds to the corporation (which occurred almost exclusively in           
          February 1988) might support an inference that petitioner was               
          holding them as the corporation’s agent.  If these were the only            
          relevant facts, we might be persuaded.  However, petitioner’s               
          other actions during 1988, discussed below, belie the claim of              
          agency.                                                                     






               33  Petitioner contends that the $752,702 returned to IL NA            
          Tours was used to meet IL NA Tours’ obligation under the January            
          agreement to make payments of $62,155 per week to Northwest.  The           
          evidence in the record does not support this contention.  In any            
          event, for purposes of petitioner’s argument that the return of             
          funds to IL NA Tours indicates agency, it is sufficient that the            
          funds were in fact returned to the corporation, which is                    
          undisputed.                                                                 





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