- 13 - 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, 469Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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