- 61 - 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.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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