Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix - Page 43

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          Lynch stole some of the estate's funds, petitioner relies mainly            
          on fragmentary and confusing evidence that Lynch acted without              
          lawful authority and converted to his own use assets and funds of           
          the estate.  This evidence is insufficient, and we reject it.               
          Moreover, petitioner abandoned all efforts to collect refunds due           
          the estate from Lynch and Reardon.                                          
               Lynch was an attorney hired by the estate for the particular           
          task of locating and recovering securities stolen from Philip.              
          He enlisted Reardon to assist him in accomplishing the task                 
          assigned, and they were successful in doing so.                             
               Petitioner principally relies upon the proceedings before              
          the Orphans' Court to support its allegation of theft.  We have             
          perused the entire record of the Orphans' Court litigation to               
          find any mention of "theft".  There is none.  Terms such as                 
          "overreaching", "ethical considerations", "failure to keep                  
          adequate records", and "noncooperation" are all indicia of                  
          shortcomings on the part of Lynch, but they fall far short of               
          establishing the "thieving state of mind" required to establish             
          the crime of "theft" under Pennsylvania law.                                
               Petitioner's attempt to convert a fee dispute into a                   
          criminal act of theft in order to reduce its taxable estate is              
          unpersuasive.  Therefore, we hold that petitioner's claimed theft           
          loss deduction must be denied.                                              
          Issue 2.  Attorney's Fees                                                   






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