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dealt with Trisch in the years in issue believed that DRD was
Trisch’s sole proprietorship.
From 1989 through 1993, Trisch maintained an account at the
Bank of Kerrville in the name of "Don Trisch dba Diversified
Resources and Development" (DRD Bank of Kerrville account).
Petitioner was not authorized to deal with that account.
Trisch and Linda Lashley (Lashley) were friends during the
years in issue and were married to each other at the time of
trial. Trisch or Lashley deposited most of the income from
Trisch’s engineering services in the DRD Bank of Kerrville
account during the years in issue. They also deposited a
substantial part of the DRD income in Lashley’s personal account.
Petitioner never authorized Lashley to act for him. During the
years in issue, Trisch and Lashley used DRD funds solely for
themselves and their family members. Petitioner received no
distributions of DRD funds during those years.
D. Trisch’s Purchase of Thistlewood Farm With DRD Funds
During the years in issue, Trisch put some assets he had
bought with money he earned doing business as DRD in Lashley’s
name. The most significant of those assets was a 207-acre farm
known as Thistlewood Farm (Thistlewood). Trisch and Lashley used
$525,000 of the DRD funds in the Bank of Kerrville to buy
Thistlewood on July 8, 1991. The source of these funds was a
payment by Brandon & Sons for engineering services provided by
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