- 18 - Constr. Corp., 456 U.S. 461, 481-485 (1982); Bertoli v. Commissioner, 103 T.C. 501, 507-508 (1994). Alternatively, with respect to the embezzlement income that is covered by the State court order of restitution and by petitioner's obligation to reimburse the New York State Lawyers’ Fund for Client Protection, petitioner argues that such embezzlement income should not be taxable to him but that it should be treated as having been converted into a nontaxable debt obligation. While it is true that restitution of embezzled funds may give rise to an ordinary deduction for the embezzler in the year of repayment, James v. United States, supra at 220, such possible deduction in the year of repayment does not affect the requirement that the embezzled funds be included in income in the year of receipt. In any event, petitioner has not repaid any of the embezzled funds. With respect to the $350,000 that petitioner obtained through his check-kiting scheme and the $575,000 that petitioner obtained by forging Goldman's signature on checks written on the New Gold account, petitioner claims that his acknowledgment of his obligation to repay these funds requires that all of these funds now be treated in his hands as nontaxable loan proceeds. As explained, however, by the Court of Appeals for the Second Circuit in Collins v. Commissioner, 3 F.3d at 631: Loans are identified by the mutual understanding between the borrower and lender of the obligation to repay and a bonaPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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