Terrell Equipment Company, Inc., et al. - Page 6




                                        - 6 -                                         
               Petitioners argue that respondent’s position was                       
          unsupportable by the stipulated facts.7  Although we noted in               
          Terrell I that some of the stipulated facts supported the                   
          conclusion that most of the traditional badges of fraud did not             
          exist, the parties stipulated many facts that could have                    
          supported a finding of fraud.  Some of these stipulated facts               
          were:                                                                       
               1.   In June 1987, Janet paid $1,513.82 for repair work on             
          her son’s BMW with a TECO check.                                            
               2.   In September 1987, Janet paid $722.90 for service work            
          on her son’s BMW with a TECO check.                                         
               3.   On September 20, 1987, Vernon instructed TECO’s                   
          bookkeeper to write him a TECO check in the amount of $38,867.              
          This check was deducted as “raw materials” on TECO’s books;                 
          however, it was never used for the purchase of raw materials.               
          Vernon deposited the $38,867 check into a personal bank account             
          at First National Bank of Grand Saline (First National) jointly             
          held by Vernon and Janet.  The Griffins did not include the                 
          $38,867 in the amount reported on the Form 1099 listing the                 
          amount of personal expenses paid for, and withdrawals made by,              
          Vernon out of TECO’s funds for 1987.                                        

               7  In their motion, TECO and Vernon alleged that the facts             
          in this case were fully stipulated.  This assertion is incorrect.           
          The trial of this case took 4 days, we heard factual testimony              
          from numerous witnesses, and the trial transcript was more than             
          1,100 pages.                                                                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011