- 72 - 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.Page: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
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