- 28 - into the Corestates account, we find that Mr. Kong maintained control over these funds. We also find that Mr. Kong received the benefit from other checks that may not have been deposited into the First Fidelity account or the Corestates account.18 These checks were issued by the customers of Sam Kong Fashions, and Mr. Kong endorsed all these checks. Some of these checks include Mr. Kong’s Mellon Bank account number below his signature or a stamp bearing the name Mellon Bank, while other checks include an unidentified account number. We are unable to identify the bank that processed two additional checks that Mr. Kong endorsed. We note again that Mr. Kong failed to testify and explain the circumstances surrounding the receipt of these checks. Mr. Kong also argues that he did not receive the benefit of the $50,000 that Sam Kong Fashions paid to redeem Mr. Wen’s 50 shares of its stock. Mr. Kong alleges that this $50,000 was paid from the Corestates Bank account. Petitioners offered no records from Corestates Bank. Petitioners failed to show that Sam Kong Fashions redeemed Mr. Wen’s shares of stock using the unreported receipts deposited into the Corestates Bank account. Mr. Wen’s testimony regarding the redemption was vague. Mr. Wen testified 18 Even though some of these checks include the Mellon Bank account number on the back of the check, the parties did not stipulate or argue that these checks were deposited into that account.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011