Eric Wynn - Page 22

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          Respondent's evidence that the Joe Bass account at the Trust                
          Company was petitioner's nominee account does not rise to the               
          level of clear and convincing.6  Respondent offered no                      
          handwriting expert to show that the Joe Bass signature was                  
          petitioner's.  Indeed, the Government's handwriting expert                  
          testified at the criminal trial that the comparison of                      
          petitioner's handwriting exemplar with the Joe Bass signature was           
          inconclusive.  Also, respondent offered no evidence that                    
          petitioner ever withdrew any funds from the Joe Bass account.               
               Respondent has also failed to prove by clear and convincing            
          evidence that the check payments to the order of Joe Bass                   
          represent consulting fees earned by petitioner.  Respondent's               
          only witness concerning these transactions, Mr. Grillo, could not           
          remember what, if any, services were performed for these                    
          payments.  However, he also testified that petitioner helped                
          secure loans for Walter Capital.  Mr. Grillo's equivocal                    
          testimony leaves us unpersuaded that respondent has sustained her           
          burden.  Mr. Grillo further testified that Walter Capital did               
          issue a Form 1099 regarding these payments and that it would                
          indicate the reason for the payments and the person receiving               
          them.  Mr. Grillo testified that he believed that the Form 1099             

          6  Petitioner did plead guilty in the criminal case, and has                
          stipulated in this case, to receiving the Renaissance check to              
          Joe Bass for $31,115 during 1983, and its inclusion in his                  
          income.  This does not, however, constitute clear and convincing            
          proof that other funds paid into the Joe Bass account went to or            
          were under the control of petitioner.                                       




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