Thomas Lee Woodall - Page 13




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          came from offshore, petitioner testified that he believed the               
          deposit was from a purported client of his named James                      
          Scarborough for the promotion of a floating gambling boat on the            
          Mississippi River.  Petitioner later testified that this money              
          came from an associate of Mr. Scarborough.                                  
               Petitioner presented no documentary evidence to support any            
          of these claims.  Neither Mr. Comey or Mr. Scarborough was called           
          as a witness.  We infer that their testimony would not have been            
          favorable to petitioner.  Wichita Terminal Elevator Co. v.                  
          Commissioner, 6 T.C. at 1165.                                               
               Petitioner had dominion and control over the Nations trust             
          account.  Petitioner’s name was on the Nations trust account.               
          Petitioner had the power to make withdrawals out of the Nations             
          trust account.  His Social Security number and name were on the             
          Nations trust account.  Petitioner wrote 21 checks on the Nations           
          trust account drawing on virtually all of the $100,000 deposit.             
               We conclude that the $100,000 deposit into the Nations trust           
          account is petitioner’s income.                                             
          II. Section 6651(a)(1)                                                      
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return on the date prescribed (determined with regard to             
          any extension of time for filing), unless the taxpayer can                  
          establish that such failure is due to reasonable cause and not              
          due to willful neglect.  Rule 142(a); United States v. Boyle, 469           






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