Joseph A. and Carol DelVecchio - Page 17




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          transactions.  Although the secretaries entered the deposits and            
          disbursements onto the peg board, Joseph reviewed all the                   
          entries.  We found Ms. Saunier’s testimony as to Joseph’s                   
          extensive involvement with and awareness of Monterey’s finances             
          to be consistent and credible.                                              
               Joseph testified that he never balanced or reviewed                    
          Monterey’s bank statements (except when preparing the Schedules C           
          and then only to determine the amount of bank charges) and,                 
          therefore, was unaware of how much money had been deposited into            
          the Monterey account.  That testimony is contradicted by                    
          petitioners’ statements on brief:  (1) “Mr. DelVecchio each month           
          reviewed his bank statements, and when balances in the business             
          account exceeded the amounts needed to operate the business,                
          Petitioner transferred some of the excess funds to his other                
          account”, and (2) “Although Mr. DelVecchio was obviously aware              
          that he was receiving more gross receipts than previous years, it           
          is obvious with his lack of accounting experience that he                   
          operated primarily based on his bank balances each month when he            
          received his bank statements.”                                              
               Joseph testified that he did not use the peg board to                  
          prepare the Schedules C.  That testimony is false, as shown by              
          our analysis supra section II.C.3.                                          
               Joseph’s lack of credibility is evidence of his fraudulent             
          intent.                                                                     






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