- 68 - after Northwest had succeeded in tracing the funds and forcing them into custodial accounts governed by the TRO. Thus, these recordations–-the earliest of which occurred in August 1988–-are not probative regarding whether petitioner was holding the funds as an agent before his actions were mandated by the TRO.40 Petitioner’s vigorous efforts to keep the funds that he had taken from corporate accounts hidden from Northwest, even when these actions harmed his corporations, also persuade us that petitioner exercised personal dominion and control over those funds in 1988. In one instance, petitioner may have voluntarily disclosed diverted corporate funds to Northwest; namely, when the $271,836 identified by petitioner’s attorney as the proceeds of the “Gerber account” was transferred from P-B No. 2 to ANB No. 2 on May 26, 1988, in connection with petitioner’s attorney’s proposal to secure petitioner’s release from liability under the Guaranty and Interim Agreement.41 However, in line with our 40 Respondent objected at trial to the admission of the workpapers on grounds of authenticity, hearsay, and completeness. We reserved ruling on those objections. In a separate order, we have overruled respondent’s objections and admitted the workpapers as evidence. However, in our view, the workpapers are not probative regarding petitioner’s intentions or agency, and we do not rely on them in reaching our findings. 41 Whether petitioner voluntary disclosed to Northwest his purchase of the Gerber stock with his corporations’ funds or Northwest’s auditors instead traced the transaction is not clear from the record. In view of the record as a whole, however, the latter is much more likely.Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
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