Steven K. Han - Page 81





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          attorney served as custodian for the accounts overlooks the fact            
          that Belofsky at all times served as counsel for both petitioner            
          and his corporations.  The one disbursement for petitioner’s                
          personal expenses from an ANB account–-to pay delinquent taxes on           
          petitioner’s residence–-was made with Northwest’s permission.42             
               Respondent’s contention that funds in the ANB accounts                 
          served as security for petitioner’s attorney’s fees finds little            
          support in the record.  Pursuant to the settlement of the                   
          Northwest litigation, petitioner and his corporations in 1991               
          received all amounts remaining in the ANB accounts after payment            
          to Northwest of $865,000.  The payment to Northwest was satisfied           
          with funds from ANB Nos. 2 and 5 (a successor to ANB No. 1), with           
          the remaining balance of $5,674 in those accounts going to                  
          petitioner and his corporations.  Petitioner accordingly received           
          the entire contents of ANB Nos. 3 and 4, totaling $137,869.                 
          Belofsky was subsequently paid a total of $14,800 from ANB No. 3            
          and $31,400 from ANB No. 4.43  Moreover, as noted, Belofsky                 
          served as counsel to both petitioner and his corporations; thus             
          payment of his fees to some extent served a corporate purpose.              



               42 Moreover, this expenditure arguably served Northwest’s              
          interests as a creditor, by preserving assets available to                  
          satisfy a judgment.                                                         
               43 The funds in ANB No. 4 are not at issue in this case.               





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