- 80 - Similarly, with respect to the Pan Am stock, because we have concluded that petitioner by mid-1988 had exercised personal dominion and control over the assets diverted from his corporations (and was not holding them as a mere agent of his corporations), petitioner exercised dominion and control over the Pan Am stock. However, the evidence adduced by respondent shows that, unlike the Kodak stock, neither the Pan Am stock nor its proceeds were returned to petitioner’s corporations before yearend 1988. The Pan Am stock remained in the FCIS account from its purchase on January 22, 1988, until April 11, 1988, when petitioner transferred it to another personal account, P-B No. 2. P-B No. 2 already contained substantial assets, including the proceeds from the Gerber stock, with a net value of $273,855 on March 31, 1988, just prior to its receipt of the Pan Am stock. (The Gerber stock had been liquidated on December 24, 1987, for $335,563, and the contents of the account containing the Gerber stock proceeds, then totaling $321,351, had been transferred to P-B No. 2 on March 9, 1988.) On May 26, 1988, petitioner transferred $271,836 in cash from P-B No. 2 to ANB No. 2, a custodial account that Belofsky had set up in connection with his proposal to secure petitioner’s release from any personal liability to Northwest. Belofsky represented to Northwest that ANB No. 2 was being funded with the “‘Gerber’ account” proceeds.Page: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
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