- 13 - return. Accordingly, your taxable income is increased $886,000.00. OPINION The issues in this case grow out of the fact that in August 1989, petitioner deposited four worthless checks totaling $886,026 into his account at Colonial Bank. Petitioner had drawn the worthless checks to his order on the account of his wholly owned corporation, Motion, Inc., at another bank. Relying on those deposits, Colonial Bank paid four other checks that petitioner had drawn in the same approximate amount. Petitioner thereby fraudulently obtained approximately $886,000 from Colonial Bank. When officials of the bank became aware that the checks deposited into petitioner's account had been drawn on an account in which there were insufficient funds to pay them, Colonial Bank made a criminal referral of the check-kiting scheme to the Office of the Comptroller of the Currency and other Federal authorities, and it filed suit against petitioner, and Motion, Inc., to recover the amount of its loss. Subsequently, petitioner pled guilty to two counts of violating 18 U.S.C. sec. 1344, relating to bank fraud. In the notice of deficiency at issue in this case, respondent determined that petitioner had realized taxable income in the amount of $886,000, the proceeds of petitioner's fraud against Colonial Bank. PetitionersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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