- 92 - June 24, 1988.52 The $8,412 in dividends recorded in the P-B No. 2 account was paid during March 1988, before any amounts in that account were transferred to a custodial account. Moreover, there is no evidence that any portion of this dividend income was paid over to a custodial account. We turn to the remaining dividend income for which respondent bears the burden of proof. Stocks in the Sam Han account earned dividends totaling $16,905 throughout 1988. Although petitioner had dominion and control over the account at least until Northwest’s auditors discovered it in early September 1988 (which resulted in the TRO’s being amended to specifically cover it), a substantial portion of the contents of the account was made subject to custodial control before yearend 1988; specifically, $80,000 was transferred from the Sam Han account to ANB No. 3 on July 18, 1988, and the remaining contents in the Sam Han account at yearend 1988, after it had been made subject to the TRO, equaled $137,128. In these circumstances, we conclude that respondent has failed to show that the dividends earned in the Sam Han account were not transferred to custodial control before yearend 1988. We accordingly hold that petitioner is not 52 Although petitioner transferred $4,500 from his FCIS account to IL NA Tours’ Albank No. 1 account on the same day the FCIS account received the $4,500 dividend, respondent effectively reduced his deficiency assertion by that amount when he treated this $4,500 as a return of funds to IL NA Tours.Page: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
Last modified: May 25, 2011