- 75 - the corporation or its creditors satisfies the shareholder’s liability and therefore serves a shareholder rather than a corporate purpose, we think the exception provided in Leaf v. Commissioner, 33 T.C. 1093 (1960), for wrongfully appropriated funds that are returned within the same year would be nullified. Mr. Leaf received a criminal conviction for taking funds from his insolvent corporation, but he was not taxable on the amounts returned in the year of the taking. Respondent’s argument regarding the satisfaction of petitioner’s personal liabilities to Northwest is inconsistent with the holding in Leaf, and we accordingly reject it. On this record, respondent has not shown that the funds in the ANB accounts were held in 1988, or ultimately used in 1991, to satisfy petitioner’s, as opposed to his corporations’, obligations to Northwest. As a consequence, we find that the deposit of funds into accounts subject to the TRO represented a deployment of the funds for corporate purposes. The ANB accounts and the Sam Han account were subject to the TRO. As a result, no transfer or other disposition of the funds in the accounts could be made without Northwest’s or the court’s authorization. The TRO was granted upon a showing that Northwest had a substantial likelihood of prevailing in its claim that the accounts contained proceeds fromPage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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