Walter L. Medlin - Page 48

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          established that petitioner’s business of buying and selling real           
          estate was a likely taxable source of this deposit.                         
               Petitioner alleges that the source of the deposit of                   
          $140,000 was a loan from Mr. Margolis.  Petitioner did not call             
          Mr. Margolis as a witness, and he did not provide any documentary           
          evidence to support his claim that this amount was a loan.                  
          Petitioner’s claim that this item represents a loan is based                
          solely on his testimony, which was uncorroborated, inconsistent,            
          and not credible.  Given these circumstances, petitioner’s use of           
          Mr. Miles’s law firm’s trust account to transact his real estate            
          deals, the substantial evidence of concealment of petitioner’s              
          real estate sales and gains therefrom, and the form of the                  
          transaction that petitioner relies upon as a source of nontaxable           
          income, we are convinced that the $140,000 was not a loan.                  
               Respondent has proven by clear and convincing evidence the             
          following items of income for 1988:                                         
                         Item                               Amount                    
               Income conceded or stipulated           $183,520                       
               Disputed income conceded on brief            144,462                   
               Sale of 10 acres from East Lake Vista         19,522                   
          Deposit of $140,000 on July 8, 1988          140,000                        
               Total                                      487,504                     

          Respondent allowed the following deductions for 1988:                       
          Type of deduction                                 Amount                    
               Schedule C expenses                     $301,910                       
               Itemized deductions                44,651                              
          Exemptions                                       3,900                      
               Total                                   350,461                        




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