Steven K. Han - Page 70





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          purchased with corporate funds in January 1988 and initially                
          placed in petitioner’s FCIS account.37  The May 1988 transfer to            
          the ANB No. 2 trust account was effected in connection with a               
          proposal made to Northwest by Belofsky under which petitioner               
          would be released from all liability under the Guaranty and the             
          Interim Agreement in exchange for, inter alia, the payover to               
          Northwest of the proceeds in the “Gerber account”.  Belofsky sent           
          a letter to Northwest on May 20, 1988, proposing the foregoing              
          terms and advising Northwest that “I am directing Mr. Han to                
          deposit with me the proceeds of the ‘Gerber’ account to be held             
          by me until appropriate documentation is furnished in accordance            
          with this letter”.  On May 26, 1988, $271,836 was transferred               
          from P-B No. 2 to ANB No. 2, which had been established by                  
          Belofsky as a client trust account.                                         
               Northwest rejected Belofsky’s offer.  Nonetheless, from the            
          standpoint of ascertaining whether petitioner was acting as an              
          agent to serve a corporate purpose, we believe his actions with             

          (...continued)                                                              
          petitioner’s, in October 1987, then sold in December 1987.  The             
          Gerber proceeds remained in Chung No. 1 until all contents of               
          that account were transferred to Chung No. 3 during February                
          1988.  On Mar. 8, 1988, $321,351 was transferred from Chung No. 3           
          to P-B No. 2.                                                               

               37  As previously noted, the Pan Am stock was transferred              
          from the FCIS account to P-B No. 2 on Apr. 11, 1988, and                    
          liquidated before the May 26, 1988, transfer of $271,836 from P-B           
          No. 2 to ANB No. 2.                                                         





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