Charles R. Harp and April B. Harp - Page 38

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                    years at issue or to retain a portion of such proceeds during                                                                                          
                    each of those years.  The record establishes, and we have found                                                                                        
                    as facts, that it was only in May or June 1989, after petitioner                                                                                       
                    had made the first few deposits of those loan proceeds, that Mr.                                                                                       
                    Kabeiseman became aware that petitioner had made those deposits.                                                                                       
                    As soon as he became aware that petitioner was depositing K & H's                                                                                      
                    construction loan proceeds into petitioners' account at Washing-                                                                                       
                    ton Federal, Mr. Kabeiseman disapproved of what petitioner had                                                                                         
                    done.  Specifically, Mr. Kabeiseman advised petitioner at that                                                                                         
                    time that petitioner's deposits of K & H's construction loan                                                                                           
                    proceeds into petitioners' account at Washington Federal was not                                                                                       
                    a good accounting practice, that Mr. Kabeiseman was unable to                                                                                          
                    trace to any particular construction loan account of K & H the                                                                                         
                    direct payments that petitioner had made to it during May or June                                                                                      
                    1989 of certain of its construction loan proceeds, that peti-                                                                                          
                    tioner should direct Washington Federal to issue checks directly                                                                                       
                    to K & H for the K & H construction loan proceeds sought in the                                                                                        
                    draw requests that petitioner made, and that such checks should                                                                                        
                    be deposited into K & H's checking account.  Petitioner                                                                                                
                    nonetheless continued to deposit K & H's construction loan                                                                                             
                    proceeds into petitioners' account at Washington Federal after                                                                                         
                    May or June 1989 and through July 1990, even after he ceased in                                                                                        
                    the spring of 1990 being actively involved in the operations of K                                                                                      
                    & H.  Moreover, although petitioner testified that he obtained                                                                                         
                    those loan proceeds from Washington Federal in order to pay the                                                                                        




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