- 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
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