- 39 -- 39 - 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 toPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011