- 91 - 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 onPage: Previous 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Next
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