- 4 - handed over the insurance proceeds to petitioner, which he deposited into his own personal trust account. Petitioner told the Putmans that the estate would be processed in approximately 6 months to a year, and that in the interim they could get cash advances as necessary for important expenses. From May 1987 to May 1988, the Putmans periodically requested and received cash advances from petitioner. In May 1988, petitioner misrepresented to the Putmans that the probate judge had restricted their allowances to $1,000 each per month until the estate was settled, which he promised would be any day. In July 1988, petitioner misrepresented to the Putmans that the judge had "frozen" the assets of the estate, and that they could not get any money from it. On September 15, 1988, petitioner admitted to the Putmans that he could not disburse the estate moneys to them. Petitioner's deposits from the estate trust account into three separate bank accounts owned or controlled by him,2 when netted against payments made to the beneficiaries of the estate, amounted to $272,425 in 1987, and to $145,547 in 1988. These are the amounts respondent has determined, after giving effect to respondent's concession, see supra note 1, that are included in petitioner's gross income for these years. 2 Only petitioner, and perhaps one of his secretaries, had signature authority over these three accounts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011