- 70 - 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.Page: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Next
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