- 15 - Moreover, Ms. Clark’s testimony lacks credibility. For years, Ms. Clark maintained that she did not embezzle from BBTS, including in an affidavit and on her application for a real estate license. Furthermore, during February 2006, petitioner threatened Ms. Clark with libel, after which she first admitted to the embezzlement. Additionally, Ms. Clark’s admission to the embezzlement during the testimony at trial was made after receiving legal advice from petitioner’s counsel that she could no longer be prosecuted criminally or be liable for additional taxes from the alleged embezzlement. Also at trial, Ms. Clark could not explain why she continued to carry a credit card balance while allegedly embezzling from BBTS. Likewise, she did not provide convincing testimony regarding the amount of the embezzlement or what she did with the money. Finally, it is implausible to us that Ms. Ellis would recruit Ms. Clark to embezzle from BBTS, knowing Ms. Clark was formerly married to petitioner and was in a relationship with him at the time. On the basis of the record, we hold that petitioner has failed to prove that he is entitled to any embezzlement deduction beyond the amount respondent allowed in the notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011