- 79 - In accordance with our earlier analysis, petitioner exercised dominion and control over the Kodak stock before returning the proceeds from its sale to his corporations (by virtue of the transfer of those proceeds to the ANB No. 1 account on June 24, 1988). Specifically, after being moved from petitioner’s FCIS account to the P-B No. 1 account, to the Sam Han account and back to P-B No. 1, the Kodak stock was sold on June 24, 1988, for a net of $445,598, which was transferred that same day to ANB No. 1. Since petitioner purchased the Kodak stock with diverted corporate funds of $448,878 and returned only $445,598 to his corporations, he is chargeable with $3,280 in income as a result ($448,878 - $445,598 = $3,280).46 (...continued) stock exceeds respondent’s determination because petitioner sold the other stocks purchased with corporate funds at a profit and returned the augmented proceeds to a corporate account. Because of this augmentation of the returned proceeds, respondent’s computation of the “net” proceeds retained by petitioner–- measured by the amount taken less the amount returned–-is less than the actual corporate funds retained by petitioner and invested in the Kodak and Pan Am stock. See discussion supra pp. 45-46. 46 As noted earlier, petitioner reported the loss from the sale of Kodak stock on his 1988 return. Since the diminution in the stock’s value occurred while it was under petitioner’s dominion and control, and he is chargeable with the income resulting from his return to his corporations of Kodak stock proceeds that were less than the corporate funds used to acquire the stock, we conclude that petitioner is entitled to the loss as claimed.Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
Last modified: May 25, 2011