- 10 - 26. On June 27, 1989, a $1,278.28 TECO check was used to make a mortgage payment on Vernon’s sister’s house. This check was deducted as a “miscellaneous” business expense on TECO’s books. 27. On September 5, 1989, Vernon purchased a $12,015.70 Harley-Davidson “Fatboy” with TECO funds. This motorcycle was used exclusively by Vernon and/or his immediate family. 28. In 1989 TECO purchased a 1989 Suburban. TECO later sold the Suburban to Bobby Moses. Janet deposited the check from Mr. Moses into a personal bank account she jointly held with Vernon. 29. During the years in issue, TECO purchased a $19,817 ski boat. This payment was deducted as a “miscellaneous” business expense on TECO’s books. The boat was titled and registered in Vernon’s name. 30. The TECO checks solely written to Vernon during 1987, 1988, and 1989 totaled $38,867, $21,900, and $42,300, respectively. These amounts do not include the numerous other personal expenses paid for by TECO. Janet and Vernon, however, caused TECO to issue Vernon Forms 1099 listing only $5,250, $18,300, and $68,000 for 1987, 1988, and 1989, respectively. Respondent’s burden of proving fraud by clear and convincing evidence is a heavy burden. Although some of the evidence in this case raised our suspicion about the possibility of fraud,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011