Craig A. Penfield - Page 11




                                       - 11 -                                         
          in the joint money market account.                                          
               Petitioner did not contend that he did not have access to              
          the joint money market account or the monthly money market                  
          account statements.  Petitioner only claimed that he “never                 
          looked at [the money market account]” monthly statements.                   
          Contradicting that allegation is the fact that shortly after                
          filing the 1997 return and upon learning that Mrs. Parker was               
          considering divorce, petitioner, his sister Barbara Snyder (Mrs.            
          Snyder), and petitioner’s brother-in-law withdrew approximately             
          $69,000 from the joint money market account without Mrs. Parker’s           
          knowledge.  This amount included the total pension distributions            
          of $43,783 deposited in the joint money market account during               
          1997.  Upon learning of the withdrawal, Mrs. Parker filed suit              
          against all three individuals.  As a result of the lawsuit, Mrs.            
          Parker was able to retrieve nearly $58,948 of the withdrawn                 
          funds.  The division of those funds was later settled in the                
          divorce proceedings.  Mrs. Parker received $40,000, and                     
          petitioner received $18,948.                                                
               Petitioner contends his mental health problems prevented him           
          from being involved in and understanding financial matters.                 
          However, during 1997, petitioner continued to maintain his small            
          business.  On December 19, 1996, petitioner and Mrs. Parker                 
          obtained a loan in the amount of $12,200 and deposited the                  
          proceeds in the clock account used for his small business to pay            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011