Steven K. Han - Page 101





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          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.                            





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