- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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