- 22 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011