- 18 - 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 cardPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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