Terrell Equipment Company, Inc., et al. - Page 10




                                       - 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