- 42 - On March 25, 1993, the Court set this case for an oral status report at the Motions Session of the Court in Washington, D.C., on June 23, 1993. At that hearing on June 23, 1993, Tupitza informed the Court: The bonds that we are talking about are bonds that, in our position, were stolen twice. They were stolen first by the housekeeper and taken out to California, and then, when they were recovered, the attorney and his accountant investigator stole them a second time. We litigated with that attorney all the way to the Pennsylvania Supreme Court. He has been disbarred for not returning this money.10 He has disappeared.11 I have no idea where the man is. He filed for bankruptcy at one point and sought to discharge this in bankruptcy, and then that bankruptcy was dismissed. Our position, at some point, is going to be that this is a theft loss to the estate, and that is probably going to be the narrow issue that we are going to be left with out of hundreds of other issues that we started with. There is no credible evidence in this record to justify petitioner's assertion of theft by Lynch and/or Reardon. We regard the claim as made out of whole cloth. Whether from bias toward Lynch or from determined obfuscation to reduce the estate's tax liability, petitioner had tried, albeit unsuccessfully, to make its evidence fit a Procrustean bed in its effort to establish a theft loss. To support its allegation that 10 Lynch has never been disbarred from the practice of law by any jurisdiction. 11 Lynch never "disappeared" or made himself unavailable to petitioner. In fact, he was subpoenaed by petitioner and testified at trial.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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