As to Mr. Burke's allegation that his employees embezzled funds from him and his insurance agencies, we find that no such embezzlement took place. The employees whom Mr. Burke accuses of embezzlement were credible witnesses at trial. They explicitly denied receipt of any of the money in question. As we have already stated in our findings of fact, these employees were operating under Mr. Burke's instructions when they withdrew funds from the MPC premium account and the accounts of the Burke Insurance Agencies. Such funds were either given to Mr. Burke, transferred to Ard Rhei, or otherwise dispersed on Mr. Burke's behalf. For example, on several occasions, funds were used to satisfy Mr. Burke's gambling debts11 or to pay persons who supplied Mr. Burke with illegal drugs.12 We conclude that Mr. Burke improperly diverted funds for his own personal use without the consent of U.S. Life,13 and these funds are, therefore, includable in his gross income. See James v. United States, supra at 219. Accordingly, we sustain respondent's determination that Mr. Burke had unreported income for the years in issue. We also conclude that respondent has presented sufficient evidence to carry her burden of proof regarding the increased deficiency for 1986. We note that the amounts, which should have been paid to U.S. Life during the years in issue, actually exceed the income amounts determined by respondent. Embezzlement Losses Mr. Burke argues that he is entitled to deductions for losses of $21,800 and $215,000 in 1985 and 1986, respectively, as a result of the embezzlement 11For instance, a check was drawn on the MPC premium account and made payable for $6,000 to Lisa Tobin, the wife of a bookmaker with whom Mr. Burke gambled. 12Another check was made payable for $4,000.51 to Don Balsamo. Mr. Burke purchased cocaine from Mr. Balsamo during the years in issue. 13Sufficient evidence exists to explain petitioners' need for funds well in excess of the income reported on the returns at issue. Petitioners lived in an expensive house, incurred significant home improvement expenses, paid for their son's college tuition and provided him with an automobile and insurance coverage. Mr. Burke also purchased illegal narcotics and gambled heavily.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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