- 81 - Because the P-B No. 2 account had been the recipient of the Gerber stock proceeds, the Pan Am stock proceeds, and other assets of petitioner’s before petitioner transferred $271,836 in cash from the account to fund ANB No. 2, the question arises whether the amount so transferred is traceable to the Gerber stock, the Pan Am stock, or some other asset of petitioner’s. Petitioner was actively buying and selling securities through the P-B No. 2 account in March through May 1988, as well as making personal charges against the proceeds in the account by means of a credit card. The Gerber and Pan Am stock proceeds were commingled with other personal funds of petitioner’s and were used to offset losses in other stocks in the account that had been purchased on margin. The statements for P-B No. 2 in the record do not show a clear source of the funds for the $271,836 transfer to ANB No. 2. However, because petitioner’s attorney represented to Northwest that the $271,836 transfer to ANB No. 2 was the proceeds of the “Gerber account”, we treat this as an admission by petitioner that the amount transferred was from that source and no other. Consequently, we find that no portion of the Pan Am stock proceeds was transferred to ANB No. 2. Instead, the record in this case establishes that the Pan Am stock was transferred from petitioner’s FCIS account to petitioner’s P-B No. 2 account on April 11, 1988, sold in twoPage: Previous 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Next
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