Don C. and Judy Montgomery - Page 30

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             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 Community                




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