Bobby E. Welch - Page 10

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          petitioner was still indebted to Mr. Zurn, neither could give a             
          definite current balance of the debt.  Furthermore, during the              
          time that petitioner was allegedly borrowing approximately                  
          $700,000 from Mr. Zurn to keep his businesses going, he also                
          allegedly gave approximately $300,000 to the church and/or                  
          charities.  While allegedly all of the funds lent in 1986 were              
          used for the Montrose property, $47,000 from the account to which           
          the alleged loans from Mr. Zurn were deposited was sent to the              
          church.  This was at a time when at least Mr. Zurn was under the            
          impression that "Things were kind of tough [for petitioner]."               
               Moreover, there is the matter of the "Community Land & Oil             
          Corporation Trust Lot 2160" transaction (Lot 2160 transaction) in           
          1989.  While the facts surrounding the Lot 2160 transaction are             
          unclear, during 1989 Mr. Zurn issued a check in the amount of               
          $258,351 to the "Fountain Exchange", which went into an account             
          that petitioner controlled to purchase Lot 2160, a parcel of real           
          estate that petitioner owned.  Later Mr. Zurn allegedly                     
          determined that Lot 2160 was not worth the money that he had                
          paid.  It is unclear exactly what happened next, but it is clear            
          that petitioner never returned the $258,000.8  It is also strange           
          that, notwithstanding Mr. Zurn's view that petitioner had sold              
          him a worthless lot for $258,000, according to their testimonies,           

               8  The Lot 2160 transaction has been before the Court before           
          in Zurn v. Commissioner, T.C. Memo. 1996-386.  In that case we              
          determined, partly on the basis of this transaction, that Mr.               
          Zurn had committed tax fraud.                                               




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