- 12 - Gordon Case Katherine and Richard Gordon (the Gordons) were shareholders in Omni and made other investments in entities closely associated with husband. In 1985, the Gordons brought suit in State court to recover losses incurred through the fraudulent activities of husband, Omni, and other entities controlled by him. Judgments from these suits (the State court judgments) exceeded $1 million. In 1994, the Gordons filed suit in the U.S. District Court for the Middle District of Florida (the District Court suit and the District Court, respectively) to execute on the $450,000 cash bail. Petitioner was a defendant in the District Court suit. Among the findings made by the District Court were the following: “The * * * [1994 conviction] involved the same facts and circumstances for which the Plaintiffs obtained their judgment[s] [the state court judgments], i.e., failing to pay taxes on the money Mr. Mueller stole from investors such as the Plaintiffs. * * * The Trust [trust] is funded by money fraudulently conveyed to it by Reinhard and Christa-Karin Mueller.” The District Court held, among other things, that the cash bail was subject to execution by the Gordons. OPINION I. Deficiency in Tax A. Introduction We must first determine whether respondent erred by including in petitioner and husband’s gross income embezzlementPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011