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returns (for the taxable years 1992, 1993, and 1994) in violation
of section 7206(1).
Petitioner's conviction on the foregoing counts stemmed from
his involvement with trusts established for the benefit of Arleen
Millyard. During November 1978, Mrs. Millyard's husband
established a trust at Security Pacific National Bank because of
her alcoholism and lack of understanding of basic financial
issues. The trust was meant to ensure the physical and financial
well-being of Mrs. Millyard in the event of her husband's demise.
During 1991, petitioner became a trust officer for Security
Pacific National Bank, which later merged into Bank of America.
Petitioner was the trust officer for the Millyard trust.
Bank of America has a written policy and internal rules of
conduct that expressly prohibit its trust officers from accepting
cash or gratuities from its customers. Petitioner was provided a
copy of those rules and signed a statement acknowledging
reviewing those rules at the time of his employment. Each year,
Bank of America requires its employees to certify their awareness
of the bank's policies, including the prohibition against
receiving money from trust clients. Each year petitioner signed
a statement that he had read the bank's policies. At trial,
petitioner acknowledged that he was aware that he might lose his
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