Steven K. Han - Page 90





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          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 two               






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