John M. and Rita K. Monahan - Page 34

                                       - 34 -                                         
               We simply do not believe petitioners' paper trail of                   
          promissory notes, deeds of trust, assignment agreements, and                
          assumption of liabilities agreements tells the whole story                  
          because the funds that were loaned to Chestnut Grove and Group M            
          in 1987 and 1988 previously traveled a circuitous route, which              
          begins and ends with petitioner, in direct contradiction to                 
          petitioners' assertion that Mr. Bell was the ultimate source of             
          those funds.  In sum, we have considered all of the evidence                
          presented by petitioners, but, because the Yakima interest                  
          payments were credited to the Aldergrove account on December 26,            
          1991, and, on that date, petitioner controlled Aldergrove                   
          partnership matters and benefited from and controlled the funds             
          in the Aldergrove account, we are not persuaded that the Yakima             
          interest payments represent anything other than interest paid to            
          petitioner on account of loans made by petitioner.                          
               D.  Conclusion                                                         
               We hold that the 1991 interest payments are taxable to                 
          petitioners.                                                                
          III.  $25,000 Deposit                                                       
               A.  Introduction                                                       
               In the notice of deficiency, respondent determined that                
          $317,160 was deposited in bank accounts held in the name of                 
          petitioners during 1991 and that those deposits were unexplained.           








Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011