- 30 - Fuels account at Founders Bank does not constitute income to petitioners. Deposit Into H&B's Community Bank Account On August 25, 1988, petitioner signed check No. 1241 drawn on H&B's First Interstate account and made payable to Community Bank in the amount of $1,500. A note attached to the check in Ms. Melba Petty's handwriting states: "Don says travel expense & repairs note: Deposited in H&B acct 1st Com Bank #252641". The proceeds of this check were deposited into H&B's account at Community Bank. Respondent determined that amounts deposited into H&B's account at Community Bank constitute income to petitioners because petitioner was the only person authorized to withdraw funds from the account. See generally Bailey v. Commissioner, 52 T.C. 115 (1969), affd. 420 F.2d 777 (5th Cir. 1969). Petitioners argue that the money deposited into this account does not constitute income to them because the account was established and used for H&B's business purposes. However, petitioners have not shown that money in the Community Bank account was ever used to satisfy expenses incurred on behalf of H&B, or that the money deposited into the account belonged to H&B. At trial, petitioners introduced a document purporting to authorize Mr. Petty to sign checks drawn on the CommunityPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011