Don C. and Judy Montgomery - Page 35

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             check No. 1171 to pay business expenses.  However,                       
             petitioners do not explain why Mr. Petty, who was away                   
             from Oklahoma City at the time, would write a check payable              
             to petitioner to withdraw money from H&B's account for his               
             own business purposes.  We find petitioners' explanation in              
             this regard both implausible and incredible.                             
                  During 1989, petitioner signed two checks, Nos. 1621                
             and 1655, drawn on H&B's First Interstate account and made               
             payable to cash in the aggregate amount of $5,175.  Check                
             No. 1621 bears a notation stating that it was issued to                  
             repay Ms. MacKall for a previous cash deposit.  The                      
             pegboard ledger entry for this check states "Repay money                 
             dep. 2/10 for SW Comm".  The pegboard ledger entry for                   
             check No. 1655 states that it was issued to repay Wholesale              
             Fuels for a cash deposit.                                                
                  We find that neither of these checks constitutes                    
             income to petitioners.  Ms. MacKall testified that she made              
             a wire transfer of her own personal funds to Southwest                   
             Commercial Bank on H&B's behalf several days before check                
             No. 1621 was issued.  Ms. MacKall testified that she made                
             this transfer to prevent H&B from incurring a fee for late               
             payment.  We find Ms. MacKall's testimony credible in this               
             regard and find that check No. 1621 was issued to repay her              







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