- 12 -- 12 - Activewear to Jackson. Petitioner also contends that the security interests are not taxable to him because he received no benefit from them in the years in issue. For reasons discussed next, we agree with petitioner. B. Whether Petitioner Misappropriated Funds From Activewear Respondent contends that petitioner misappropriated the funds Activewear lent to Jackson and his corporations. We disagree. When he filed his lawsuit, Waddell thought that petitioner had embezzled money from Activewear. However, after he investigated the matter, he believed that petitioner did not benefit from the loans to Jackson. Petitioner had no reason to believe that Waddell would not approve the advances because Waddell had approved the first one, and he did nothing to conceal the loan records from Waddell. Petitioner credibly testified that he received no benefit from Activewear's loans to Jackson. Petitioner was not criminally charged for his conduct related to Activewear. We do not believe that he misappropriated any funds from Activewear. Respondent contends that the transfers of funds from Activewear to Jackson's corporations were not loans because there were no written agreements and Jackson provided no collateral or other security. We disagree. Respondent concedes that the first $50,000 check was a loan even though it was based on an oral agreement. The later transfers were also loans based on oral agreements.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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