-28- voice in petitioner’s activities generally, that he did not have any formal control over any of petitioner’s activities, and that he did not have any practical control over any of petitioner’s activities. We conclude, and we have found, that Vecchio was not an insider with respect to petitioner during any of the years in issue. We hold in part for respondent and in part for petitioner on this issue. B. Did Any of Petitioner’s Net Earnings Inure to Zeve or Popovic? We consider the categories of inurement items seriatim as listed by respondent. (1) Diverted Bingo Proceeds Respondent contends that Zeve and Popovic profited from petitioner’s breach of its fiduciary duty to the charitable trust funds that consisted of the proceeds of the bingo games, and this constitutes an inurement of petitioner’s net earnings to private individuals. Petitioner contends that (1) the skimmed bingo proceeds that Popovic used to pay for repairs, renovations, and bingo workers’ compensation did not inure to insiders, and (2) inurement involves an intentional conferring of benefits, while the instant case involves theft. We agree with petitioner’s conclusion. Zeve and Popovic worked together to skim part of the proceeds of the bingo games that Popovic operated for petitioner,Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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