Ronald H. Bradshaw and Monica I. Bradshaw - Page 13

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                       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.  Petitioners                   




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