- 82 - 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.Page: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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