Charles R. Harp and April B. Harp - Page 39

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                    costs incurred in connection with K & H's construction projects,                                                                                       
                    he was unable to explain why he did not immediately remit the                                                                                          
                    entire amount of such proceeds to, or immediately expend them for                                                                                      
                    the benefit of, K & H.                                                                                                                                 
                              With respect to the deposits at issue of Ms. Velilla's                                                                                       
                    funds, except for petitioner's self-serving, general, and                                                                                              
                    conclusory testimony on which we are unwilling to rely, there is                                                                                       
                    no evidence in the record that supports petitioners' contention                                                                                        
                    that those funds were held for corporate (i.e., K & H's) pur-                                                                                          
                    poses.  The record does not even show whether or how those funds                                                                                       
                    were disbursed during each such year.  What the record does                                                                                            
                    establish is that, with respect to the deposits at issue of Ms.                                                                                        
                    Velilla's construction loan proceeds, the contractor agreement                                                                                         
                    between Ms. Velilla and K & H did not authorize petitioner (1) to                                                                                      
                    deposit such proceeds into petitioners' accounts or (2) to retain                                                                                      
                    any portion of such proceeds for petitioners' own purposes.  That                                                                                      
                    agreement specifically provided that disbursements from Ms.                                                                                            
                    Velilla's construction loan account were to be made "only to pay                                                                                       
                    for costs of labor on and materials for the Project pursuant to                                                                                        
                    plans and specifications submitted to and approved by Lender."                                                                                         
                    With respect to the deposit at issue of Ms. Velilla's checking                                                                                         
                    account funds, the record is silent regarding whether that                                                                                             
                    deposit was authorized and whether petitioners were authorized to                                                                                      








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