- 40 - until 1988 because the embezzled funds were not disbursed directly to Gherman family members but were funneled into the FIP account and used to pay FIP's operating expenses or were used to make loans to Gherman family members or other individuals or were used to make investments. We do not agree. Mr. Gherman received, and should have included on his tax returns, income from embezzlement at the time he converted the funds from the accounts of FIP's clients. See James v. United States, supra; Estate of Geiger v. Commissioner, supra. Accordingly, we sustain respondent's position that petitioners received unreported income from embezzlement for the years in issue. However, we believe that some adjustment is required in the amount of unreported income determined in the notices of deficiency. Computation of Unreported Income We begin our computation of unreported income for the years in issue with the amounts reflected on the CD schedule for those years, which petitioners do not challenge. We use the net amount reflected for each year to account for embezzled funds that were returned to accounts of FIP's clients. The repayments to accounts of FIP's clients appear to be an integral part of the CD scheme. The repayments helped to perpetuate the fraud over a number of years. Consequently, we treat them as expenses of the illegal activity. Additionally, for the year ended 1988, we exclude any withdrawal from, or repayment to, a client accountPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011