Steven K. Han - Page 78





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          earlier analysis of this transaction, we conclude that petitioner           
          exercised personal dominion and control over the ANB No. 2 funds            
          when he sought to employ them to secure his release from any                
          personal liability with respect to his corporations’ obligations            
          to Northwest.  Thus, by mid-1988 petitioner had exercised                   
          personal dominion and control over all of the corporate funds               
          that he had transferred to personal accounts in early 1988.                 
               Although we conclude petitioner had exercised dominion and             
          control over the funds at issue by mid-1988, the question remains           
          whether the taxability of the funds to petitioner is affected by            
          the fact that some of the funds were returned to custodial                  
          accounts or otherwise made subject to the TRO before yearend                
          1988.  Funds over which a taxpayer has obtained dominion and                
          control, lawfully or unlawfully, are not taxable to him to the              
          extent they are repaid before yearend.  Mais v. Commissioner, 51            
          T.C. 494 (1968); Leaf v. Commissioner, 33 T.C. 1093 (1960);                 
          Stovall v. Commissioner, T.C. Memo. 1983-450; see also Hammer v.            
          Commissioner, T.C. Memo. 1989-396 (amounts returned by                      
          shareholder to corporation in subsequent year not taxable where             
          shareholder derives no benefit); Rev. Rul. 65-254, 1965-2 C.B. 50           
          (deduction allowable under section 165 with respect to embezzled            
          funds in the year of repayment).  In Leaf v. Commissioner, supra            
          at 1096, we held that a controlling shareholder who takes funds             






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