William W. Howard - Page 7

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          was disbarred by the Florida Supreme Court, on the complaint of             
          the Florida bar and an uncontested referee's report, for his                
          misconduct in handling the Putman estate.                                   
                                       OPINION                                        
               The primary issue for decision is whether petitioner's                 
          appropriations of estate moneys constitute income from                      
          embezzlement or whether they are loan proceeds.3  To the extent             
          petitioner embezzled money from the estate, he has income for               
          those years under section 61(a).  It is well established that               
          gross income under section 61 includes income earned from illegal           
          activity, such as the proceeds of embezzlement.  James v. United            
          States, 366 U.S. 213, 219 (1961); Collins v. Commissioner, T.C.             
          Memo. 1992-478, affd. 3 F.3d 625 (2d Cir. 1993).                            
               Petitioner maintains that amounts he appropriated from the             
          Putman estate are loans and are not proceeds of embezzlement.               
          He proffers 28 promissory notes in support.  We are entirely                
          unpersuaded.  Whether the transactions between petitioner and the           
          estate were loans depends ultimately on whether the beneficiaries           

               3 Respondent does not argue that petitioner is precluded by            
          the judgments in the criminal, civil, or disciplinary proceedings           
          against him from arguing that the amounts appropriated by him               
          should not be included in his gross income.  Petitioner does not            
          argue that the amounts paid to Heartland Management and William             
          Howard P.A. should be excluded from his gross income on the                 
          ground that they were received by persons other than himself.               
          The stipulated facts and the entire record require the conclusion           
          that these names, even if they are entities separate from                   
          petitioner, were alter egos of petitioner and that all receipts             
          received by them during the years in issue must be attributed to            
          petitioner.                                                                 



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