- 33 - “embezzled company funds in the amounts determined, and it is the law that embezzled funds are income to the embezzler in the year in which they are misappropriated.” Id. at 934. We did not explain whether our holding was based on the reasoning that all the diverted funds were income to the taxpayer as embezzled funds, or whether one-half was income to the taxpayer as his distributive share and the other half was income as embezzled funds. In Estate of Etoll v. Commissioner, supra, three partners, one of whom was the taxpayer, were engaged in a partnership. The partnership was a successor to another partnership which had operated under an agreement containing a provision that all assets, including accounts receivable, would become the property of the taxpayer upon the partnership’s dissolution. Id. at 676- 677. A new partnership agreement was prepared and contained a different provision in respect of the distribution of the assets upon dissolution. Id. at 677. However, that agreement was never executed by one of the partners and never became effective. Id. Subsequently, the partnership dissolved, and the taxpayer collected partnership accounts receivable and used a portion to pay personal expenses and deposited a portion into a bank account from which only he was authorized to make withdrawals. Id. The other partners initiated an action against the taxpayer seeking a portion of the amount of the accounts receivable. Id. One ofPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011