- 48 - arose from embezzlement of funds from accounts of FIP's clients. As we discussed supra, the embezzlement occurred when Mr. Gherman converted funds from various accounts of FIP's clients, not when those funds subsequently were deposited into or disbursed from the FIP account. Ms. Walters had no control over the accounts of FIP's clients. She was not a participant in the embezzlement of funds from those accounts. Moreover, if control over the FIP account was determinative, we are convinced that Ms. Walters did not exercise that control. Ms. Walters signed blank checks in large numbers. Mr. Gherman's signature, however, also was required on all of the checks before they became valid. Ms. Walters made no decisions as to when or where the funds would be used. Mr. Gherman alone made the decisions relating to the disbursement of funds from the FIP account. Additionally, Mr. Gherman alone embezzled the funds and he alone knew that money from accounts of FIP's clients was being diverted into the FIP account. Mr. Gherman alone made all financial decisions relating to the use of those diverted funds. Accordingly, we hold that the unreported income is attributed solely to Mr. Gherman. See Feldman v. Commissioner, 20 F.3d 1128, 1136-1137 (11th Cir. 1994) (the test for whether an item is attributable to a spouse is whether the spouse has sufficient connection through ownership rights or otherwise to make it an item for which both spouses should bear responsibility), affg. T.C. Memo. 1993-17.Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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