Walter L. Medlin - Page 64

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          trust holdings and the sales proceeds in Mr. Miles’s law firm               
          trust account indicates that petitioner’s use of nominees was for           
          a purpose other than tax-free exchanges.                                    
               Most importantly, petitioner’s testimony and contentions               
          regarding his failure to report income deposited in Mr. Miles’s             
          law firm’s trust account are contradicted by other evidence of              
          record.  Petitioner’s purported understanding was that he was not           
          required to report income from his sales of real estate so long             
          as the sale proceeds remained in the trust account and were not             
          disbursed for personal expenses.  Petitioner claims that he                 
          reported consistently with that understanding.  Nevertheless,               
          there were considerable amounts that were disbursed from Mr.                
          Miles’s law firm’s trust account for personal expenses during the           
          years in issue that were not reported as income.  Petitioner does           
          not explain this failure to report.  We cannot accept that                  
          petitioner had a bona fide misunderstanding of tax free exchanges           
          and that this purported misunderstanding explains his failure to            
          report the substantial amounts of income from real estate                   
          transactions.                                                               
               Petitioner argues that fraud penalties should not apply to             
          the amounts which he reported as income on his returns for 1986             
          through 1988.95  Petitioner suggests that to the extent those               

               95The addition to tax for fraud under sec. 6653(b)(1)                  
          applies to the entire underpayment for 1985, regardless of                  
          whether petitioner establishes that some portion of that                    
                                                             (continued...)           




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