- 40 -- 40 - retain any portion of those funds during 1990.28 On the record before us, we also reject petitioners' conten- tion that they held the deposits of K & H's and Ms. Velilla's funds subject to an obligation that petitioner recognized to return the funds so deposited to K & H. That record does not establish that petitioner recognized an obligation to return those funds to K & H. Nor does it show that petitioner recog- nized an obligation to return Ms. Velilla's funds to Ms. Velilla. It is significant that: (1) Petitioner did not disclose to Mr. Kabeiseman the amounts of the K & H construction loan proceeds that petitioner deposited into petitioners' account at Washington Federal or the amounts of those proceeds that he did not return to K & H; (2) the record does not show that petitioner disclosed to Mr. Kabeiseman that he was depositing K & H checking account or credit line funds into petitioners' accounts, the specific amounts so deposited, or the specific amounts of such funds not returned; (3) the record does not establish that petitioner disclosed to Ms. Velilla that he was depositing Ms. Velilla's construction loan proceeds and checking account funds into petitioners' account at Washington Federal, the specific amounts so deposited, or the specific amounts of such proceeds and funds 28 We find it hard to believe that petitioner would have been authorized to deposit Ms. Velilla's checking account funds into petitioners' accounts or to retain any portion of those funds for petitioners' own use when he was not authorized to deposit Ms. Velilla's construction loan proceeds into their accounts or to retain any portion of those proceeds for their own use.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011