Walter L. Medlin - Page 58

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          accounts, to conceal assets is evidence of fraud where petitioner           
          has unfettered control over those accounts.93  Temple v.                    
          Commissioner, T.C. Memo. 2000-337, affd. 62 Fed. Appx. 605 (6th             
          Cir. 2003); Friedman v. Commissioner, T.C. Memo. 1968-145, affd.            
          421 F.2d 658 (6th Cir. 1970).                                               
               Petitioner used fictitious names in some of his real estate            
          dealings for the years in issue.  Indeed, petitioner signed                 
          various documents relating to real estate documents in the name             
          of “William R. Wright”, and he also notarized several documents             
          in that name.  Petitioner also used the name “D.W. Davis” and               
          opened a bank account in that name.  When asked about his use of            
          fictitious names, petitioner testified with respect to the name             
          “John Waltin” that it was not fictitious since “there’s probably            
          a John Waltin somewhere”.  We find petitioner’s testimony not               
          credible, and we find that he used those fictitious names for the           
          purpose of concealing income and property transactions.  See                
          Milito v. Commissioner, T.C. Memo. 1989-145 (“The use of aliases            


               93Petitioner argues that his use of trusts is not evidence             
          of fraud, since “the practice of owning property through nominees           
          and trustees was widespread and common.”  We might agree that the           
          use of trusts alone does not establish fraudulent intent;                   
          however, the use of trusts in combination with evidence of the              
          concealment of assets and sale proceeds provides persuasive                 
          evidence of fraud.  Further, it does not follow from the frequent           
          use of the trust vehicle to hold property in Florida that                   
          petitioner’s use of the trust vehicle was not fraudulent.                   
          Indeed, the use of trusts does not necessarily involve the same             
          circumstances that exist with respect to petitioner’s use,                  
          notably the failure to report income and the failure to file                
          appropriate returns.                                                        




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