Webb v. Internal Revenue Service of the United States

CYR, Circuit Judge.

We must decide whether government loan proceeds embezzled with intent to repay are taxable in the year of the embezzlement.

I

Ronald and Sharon Pomella established River Realty Trust (“Trust”), a qualified Massachusetts business trust, as the entity which would operate the South River Marina in Scituate, Massachusetts. Under the trust agreement, Sharon was designated sole trustee and Ronald received title to all transferable Trust stock. In April 1978, Ronald sold his Trust stock to appellant Frederick L. Webb, who also became sole trustee. As sole trustee, Webb applied for a…