William W. Howard - Page 4

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          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.                              



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