Steven K. Han - Page 79





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          from his corporation when it is insolvent is taxable on the                 
          portion of the funds that he keeps for his own purposes but not             
          on the portion that is returned to the corporation or its                   
          creditors before yearend.  A difficult issue in this case is                
          whether the transfer of funds into accounts subject to the TRO              
          constitutes a repayment to the corporation within the meaning of            
          the foregoing authorities.                                                  
               Respondent’s position is that it does not.  Respondent                 
          argues that petitioner maintained dominion and control over the             
          funds after their transfer into the ANB accounts.  Respondent               
          cites several factors:  The ANB accounts were maintained in                 
          petitioner’s name and Social Security number with                           
          petitioner’s attorney as trustee; petitioner reported the                   
          interest earned on ANB account funds in 1988 on his return and              
          received backup withholding credits in certain years;                       
          disbursements were made from the ANB accounts to pay personal               
          expenses of petitioner; petitioner refused Northwest’s repeated             
          requests that funds in the ANB accounts be released to Northwest            
          in payment of his corporations’ acknowledged indebtedness; the              
          ANB accounts were used as security for petitioner’s attorney’s              
          fees and were used to negotiate and settle petitioner’s personal            
          liability to Northwest.                                                     








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