- 35 - check No. 1171 to pay business expenses. However, petitioners do not explain why Mr. Petty, who was away from Oklahoma City at the time, would write a check payable to petitioner to withdraw money from H&B's account for his own business purposes. We find petitioners' explanation in this regard both implausible and incredible. During 1989, petitioner signed two checks, Nos. 1621 and 1655, drawn on H&B's First Interstate account and made payable to cash in the aggregate amount of $5,175. Check No. 1621 bears a notation stating that it was issued to repay Ms. MacKall for a previous cash deposit. The pegboard ledger entry for this check states "Repay money dep. 2/10 for SW Comm". The pegboard ledger entry for check No. 1655 states that it was issued to repay Wholesale Fuels for a cash deposit. We find that neither of these checks constitutes income to petitioners. Ms. MacKall testified that she made a wire transfer of her own personal funds to Southwest Commercial Bank on H&B's behalf several days before check No. 1621 was issued. Ms. MacKall testified that she made this transfer to prevent H&B from incurring a fee for late payment. We find Ms. MacKall's testimony credible in this regard and find that check No. 1621 was issued to repay herPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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