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During 1990, petitioner deposited the following funds into
either petitioners’ account at the Hillsboro branch of Washington
Federal or into their account at Benjamin Franklin Federal:
(1) $76,570.46 from the K & H construction loan accounts at the
Portland branch of Washington Federal and (2) $5,000 from the K &
H checking account. During that year, petitioner also deposited
into petitioners' account at the Hillsboro branch of Washington
Federal $27,225 from Ms. Velilla's construction loan account and
$7,528 from her checking account at that bank.4
With respect to petitioner's deposits during 1989 and 1990
of K & H's construction loan proceeds into petitioners' account
at Washington Federal, petitioner began making those deposits in
April 1989. It was only in May or June 1989, after petitioner
had made the first few such deposits, that Mr. Kabeiseman became
aware that petitioner had made those deposits. As soon as he
became aware that petitioner was depositing K & H construction
loan proceeds into petitioners' account at Washington Federal,
Mr. Kabeiseman disapproved of what petitioner had done. Specifi-
4 Hereinafter, (1) funds that petitioner obtained from K & H's
construction loan accounts, checking account, and/or credit line
and that he deposited into petitioners' accounts during one or
both of the years at issue will sometimes be referred to as K &
H's funds; (2) funds that petitioner obtained from Ms. Velilla's
construction loan account and/or checking account and that he
deposited into petitioners' accounts during one or both of the
years at issue will sometimes be referred to as Ms. Velilla's
funds; and (3) K & H's funds and Ms. Velilla's funds will some-
times be referred to collectively as K & H's and Ms. Velilla's
funds.
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