George Maciel - Page 14

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          deposited this check into Bank of Milpitas, account No. 512-001-            
          300466.16  On that same day, petitioner wrote a check from this             
          account to GMT for $50,000 and indicated on the memo line “loan             
          to GMT”.  The corporation’s bookkeeper made a handwritten                   
          notation, which reads “Art [the accountant]- George put this                
          money out of pocket - don’t credit as income.  We’re going to pay           
          our line of credit monthly out of this account, Yvonne” on GMT’s            
          bank statement for the account into which the $50,000 check was             
          deposited                                                                   
               Similarly, on or about June 28, 1991, Republic Indemnity Co.           
          issued GMT a check for $42,887.  On July 9, 1991, petitioner                
          deposited this check into Bank of Milpitas, account No. 512-001-            
          300466.  On that same day, petitioner wrote two checks from this            
          bank account, one for $30,000 to GMT and one for $10,000 to                 
          Alviso.  Petitioner wrote “loan” on the memo line of both checks.           
          This same treatment occurred with a $57,472 check to Alviso                 
          received from Republic Indemnity Co.  Petitioner also deposited             
          this check into Bank of Milpitas account No. 512-001-300466.  On            
          or about June 4, 1992, petitioner wrote a check to GMT for                  
          $45,000, noting “Loan for Ins.” on the memo line.17                         

               16Petitioner testified that $17,000 of this money was used             
          to purchase truck parts from a third party, Peterbilt.  The truck           
          parts were purchased in the name of Newark T&B.                             
               17Petitioner testified that he was not sure whether by                 
          depositing the Alviso check he was reimbursing himself for a loan           
                                                             (continued...)           





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