Midland & Assoc. withdrawals C.H.I.E. A/C Marine 921-11974-7 John J. Burke checks to 23,658.95 413,038.00 20,540.00 Midland & Assoc. Ard Rhei/ Jury's, John Burke, and cash Bank of 01-3-401414-1 John J. Burke checks to 7,500.00 Smithtown & Assoc. cash, John Expense A/C Burke, and employees Bank of 01-6-400247-9 John J. Burke checks to 66,900.00 Smithtown or Vivian cash, Ard Burke Rhei, and John Burke Marine 921-11976-3 John J. Burke noncash 112,050.00 87,984.00 34,706.07 Midland & Vivian deposits Burke Total income $263,609.00 $593,322.00 $90,646.00 OPINION Additional Income Respondent determined that Mr. Burke failed to report income in the amount of $59,648, $242,669,9 and $50,746 on the delinquent returns that he filed for 1985, 1986, and 1987, respectively, and that the source of this income was money that Mr. Burke diverted from U.S. Life premium funds. Mr. Burke contends that the amounts in question constituted either loans from U.S. Life10 or money that was embezzled by his employees. 9This includes $22,448 in addition to the amount determined in the notice of deficiency. See supra note 1. 10We note the inconsistencies in Mr. Burke's position. On brief, Mr. Burke admitted that he "often withdrew sums in excess of his actual commission entitlement [and that] [s]uch excess withdrawals were treated * * * [as] loans due from Mr. Burke to the Life insurance company." However, when asked by respondent at trial if he characterized his use of MPC account funds as loans, Mr. Burke denied even using funds from the premium accounts. Nevertheless, when questioned again about this issue later in the trial by his own counsel, Mr. Burke explained: "They [U.S. Life] had the option of treating it [Mr. Burke's withdrawal of funds in excess of his commissions] like a loan, okay. They, however, never exercised that option. They never charged me any interest."Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011