Sam Kong Fashions, Inc. - Page 27

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          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 Fashions            







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Last modified: May 25, 2011