Sam Kong Fashions, Inc. - Page 28

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          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.                                                                    





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Last modified: May 25, 2011