Steven K. Han - Page 91





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          blocks on April 22 and May 20, 1988, for a net total of $104,143,           
          and commingled with other personal funds of petitioner’s.  Since            
          the record establishes that petitioner used $116,600 in corporate           
          funds to purchase the Pan Am stock and that the Pan Am stock and            
          its proceeds are traceable to a personal account of petitioner’s,           
          respondent has met his burden of showing that petitioner had                
          unreported income of $116,600 in 1988 as a result of the Pan Am             
          stock transactions.47                                                       
               With respect to the $450,000 in cash that petitioner                   
          transferred in early 1988 from corporate accounts to the Sam Han            
          account, petitioner’s exercise of personal dominion and control             
          over all transferred assets by mid-1988 renders the cash in the             
          Sam Han account taxable to him except to the extent that the                
          record shows that amounts in the Sam Han account were transferred           
          to custodial accounts or otherwise made subject to the TRO.  The            
          record establishes that $80,000 was transferred on July 18, 1988,           
          from the Sam Han account to ANB No. 3, a custodial account                  
          subject to the TRO.  In addition, Northwest’s auditors discovered           
          the Sam Han account in August or early September 1988, and the              
          TRO was amended specifically to cover it on October 14, 1988.               
          Respondent has shown that $450,000 in cash from corporate                   

               47 Since petitioner sold the Pan Am stock for $104,143 in              
          1988, he may be entitled to a loss on its disposition.  We                  
          anticipate that the parties will address this matter in their               
          Rule 155 computations.                                                      





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