Charles R. Harp and April B. Harp - Page 37

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                    during each of those years.27                                                                                                                          
                              With respect to the deposits at issue of K & H's construc-                                                                                   
                    tion loan proceeds, the record establishes that Mr. Kabeiseman                                                                                         
                    did not at any time during the years at issue (1) authorize peti-                                                                                      
                    tioner to deposit such proceeds into petitioners' accounts,                                                                                            
                    (2) know the amounts of such proceeds that petitioner so depos-                                                                                        
                    ited, (3) authorize petitioner's practice of retaining a portion                                                                                       
                    of such proceeds during each of those years and not using such                                                                                         
                    portion to make payments to, or on behalf of, K & H, or (4) know                                                                                       
                    the amounts of such proceeds that petitioner retained.                                                                                                 
                              We find petitioners' apparent reliance on the following                                                                                      
                    testimony of Mr. Kabeiseman, in order to establish that the                                                                                            
                    deposits at issue of the K & H construction loan proceeds were                                                                                         
                    authorized, to be misplaced:                                                                                                                           
                                        Q         Mr. Kabeiseman, you were aware of the * * *                                                                              
                              deposit of the loan draws to Mr. Harp's personal ac-                                                                                         
                              count?                                                                                                                                       
                                        A         From Kabeiseman & Harp construction loans,                                                                               
                              yes, uh-huh.                                                                                                                                 
                    We are unable to find that the foregoing testimony establishes                                                                                         
                    that Mr. Kabeiseman authorized petitioner to deposit K & H's                                                                                           
                    construction loan proceeds into petitioners' accounts during the                                                                                       


                    27  Although Mr. Kabeiseman was generally responsible for prepar-                                                                                      
                    ing K & H's checks to pay for corporate expenditures, the record                                                                                       
                    does not show whether petitioner obtained the funds from the K &                                                                                       
                    H checking account that he deposited into petitioners' accounts                                                                                        
                    through actual checks drawn on that account or, if so, whether                                                                                         
                    Mr. Kabeiseman prepared, or was otherwise aware of, any such K &                                                                                       
                    H checks that were issued to petitioner.                                                                                                               




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