Eric Wynn - Page 18

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          not clear and convincing evidence that Renaissance funds were               
          actually so diverted by petitioner.                                         
               Moreover, there is no convincing evidence that petitioner              
          received any accession to wealth from the funds that Renaissance            
          deposited in the Ron Gelfman bank account.  Respondent has not              
          proven that petitioner controlled the Gelfman bank account.  Cf.            
          Beasley v. Commissioner, T.C. Memo. 1989-173 (holding that                  
          corporate funds diverted into controlled nominee bank accounts              
          for noncorporate purposes were income).                                     
               The only evidence linking petitioner with the Gelfman                  
          account is a notation "I.D. by Eric Wynn" on the bottom of a                
          check with three endorsements by a Ron Gelfman cashed against the           
          Gelfman account.  This "I.D. by Eric Wynn" does not prove that              
          petitioner controlled the account or any of the funds deposited             
          in the Gelfman account.  Respondent's witness, Mr. Schlitt,                 
          testified that when a check is endorsed three times it probably             
          means that the first endorsement is made outside of the bank, the           
          second is in front of the teller, and the third is in front of a            
          bank officer.  Mr. Schlitt also testified that two people would             
          have been present for the check to have a triple endorsement and            
          a second identification.  This testimony indicates that someone             
          signed this check as Ron Gelfman in the presence of a bank teller           
          and officer.  Although we believe that this person was not the              
          Ron Gelfman who testified at the criminal trial, it is possible             
          that the person who signed the checks and the signature card                




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