Steven K. Han - Page 84





                                       - 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 from           






Page:  Previous  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  Next

Last modified: May 25, 2011