- 27 - over these funds and that he failed to prove that these funds were used for corporate purposes. We find that Mr. Kong diverted corporate funds from Sam Kong Fashions for his personal use. The parties have stipulated that checks issued by Style Setters and Half Moon Bay were deposited into Mr. Kong’s personal checking account maintained at Mellon Bank in 1994 and 1995. Style Setter and Half Moon Bay issued these checks as compensation for sewing services performed by Sam Kong Fashions. In 1994, Mr. Kong deposited 18 checks totaling $218,097.15 into his checking account maintained at Mellon Bank. In 1995, Mr. Kong also deposited 18 checks totaling $212,388.40 into his Mellon Bank account. Mr. Kong received checks that were payments to Sam Kong Fashions for sewing service and deposited these funds into his personal checking account. Furthermore, these amounts were not recorded as gross receipts by Sam Kong Fashions, nor was the receipt of these checks disclosed to petitioners’ accountant. We find that Mr. Kong diverted corporate funds for his own personal use and that these funds constitute a corporate distribution to Mr. Kong. We are also convinced that Mr. Kong did have control over the funds deposited into the Corestates Bank account by Mr. Wen. The record reveals that Mr. Kong had control over this account. Even though Mr. Wen deposited checks issued to Sam Kong FashionsPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011