Steven K. Han - Page 100





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          to him because he held the funds in his FCIS account, P-B No. 2,            
          the Sam Han account, Chung No. 1, and Chung No. 2 as an agent of            
          IL NA Tours.  Thus, petitioner contends, the funds belonged to IL           
          NA Tours, and it should have reported the dividend income for               
          1988 on its own return.  Respondent contends, however, that                 
          petitioner must include the $33,554 in his income for 1988                  
          because the principal in the foregoing brokerage accounts was               
          under his sole dominion and control when the dividends were                 
          earned, and therefore such dividends were income to him under the           
          “fruit of the tree” doctrine in Lucas v. Earl, 281 U.S. 111                 
          (1930).                                                                     
               We have concluded and held herein that petitioner exercised            
          dominion and control over the funds diverted in 1988 and is                 
          taxable on them except to the extent the funds were returned to             
          custodial accounts within the 1988 taxable year.  With respect to           
          respondent’s original determination concerning the $12,912 in               
          dividends in the FCIS and P-B No. 2 accounts, we hold that                  
          petitioner has failed to show error in the determination and                
          accordingly sustain it.  The $4,500 dividend on the Kodak stock             
          in the FCIS account was paid on April 4, 1988, when petitioner              
          had dominion and control over the FCIS account and before the               
          Kodak stock proceeds were transferred to a custodial account on             








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