-6- Petitioner claimed a $13,015 loss on Schedule E of his 1984 Federal income tax return as a result of his purchase of the Yreka property. E. Petitioner's Indictment and Conviction In February 1990, petitioner was indicted under section 7206(1) for filing a false income tax return for 1984 and for forging the Lopps' signatures on four Federal tax refund checks totaling $195,489. The indictment alleged that petitioner received but failed to report the proceeds of the refund checks. Petitioner was also indicted for delivering U.S. obligations bearing forged endorsements and uttering, passing, and publishing U.S. obligations regarding the four refund checks. On January 17, 1991, petitioner was convicted of those charges. Petitioner was also indicted for embezzling and failing to report as income $676,720.68 from the Lopps' escrow account. He was acquitted of those charges. The U.S. Court of Appeals for the Ninth Circuit affirmed petitioner's conviction, without published opinion. United States v. Bingham, 958 F.2d 378 (9th Cir. 1992). F. Trial and Petitioner's Assertion of the Fifth Amendment Privilege Against Self-Incrimination Before trial, petitioner asserted that he had a Fifth Amendment right not to testify on the grounds that his testimony could be used against him in further criminal proceedings. Respondent did not call petitioner or any other witnesses toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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