Steven K. Han - Page 85





                                       - 76 -                                         

          the sale of Northwest’s ticket stock that were owed to Northwest.           
          We find that in 1988 the accounts in effect served to secure                
          Northwest’s rights against petitioner and his corporations, and             
          in 1991 a substantial portion of the accounts was in fact paid in           
          settlement of Northwest’s claims asserted against petitioner and            
          his corporations.  Consequently, by yearend 1988 the funds in the           
          ANB accounts and the Sam Han account were being held under court            
          supervision to satisfy liabilities that were as much petitioner’s           
          corporations’ as petitioner’s.                                              
               In these circumstances, we conclude that the funds in the              
          ANB accounts and the Sam Han account by yearend 1988 had been               
          repaid or returned to petitioner’s corporations in that year and            
          accordingly are not taxable to petitioner under Leaf and like               
          cases applying the exception to the claim of right doctrine.  We            
          base our conclusion that these funds had been returned to the               
          corporations for purposes of this exception on several factors.             
          First, petitioner no longer had dominion and control over the               
          funds once they were subject to the TRO.  Although respondent               
          argues that petitioner’s attorney’s role as custodian of the ANB            
          accounts demonstrates petitioner’s maintenance of dominion and              
          control, the facts do not support this characterization.  The               
          disbursements for petitioner’s personal expenses were made only             
          with Northwest’s approval.  Further, Northwest’s attorney                   






Page:  Previous  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  Next

Last modified: May 25, 2011