Walter L. Medlin - Page 70

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          law firm’s trust account were taxable, and petitioner agreed.98             
          We cannot accept petitioner’s explanation that he misunderstood             
          that if sales proceeds and other items were “reinvested” and held           
          in trust accounts, they would not be taxable until withdrawn for            
          “wine, women, and song”.  Respondent has produced evidence                  
          showing that substantial amounts of income were paid from the               
          trust account per petitioner’s instructions for personal expenses           
          and that those withdrawals were not reported as income on his tax           
          returns.  Petitioner did not inform respondent’s revenue agent,             
          who examined his returns for 1985-1988, that he held this belief            
          regarding tax deferred exchanges, and there is no credible                  
          evidence of record showing that petitioner had this purported               
          misunderstanding.                                                           
               Respondent has also proven by clear and convincing evidence            
          that petitioner’s method of preparing his return for 1985 was               
          done with a fraudulent intent.  On the Schedule C for his real              
          estate business, petitioner reported income and expenses from               
          that business on the basis of spreadsheets of the deposits and              
          disbursements from his personal bank accounts.  He reported the             
          deposits, less amounts he classified as “loans”, as gross income            
          from his business, and the disbursements, as deductible expenses            
          on the Schedule C.  Many of the disbursements were for inherently           

               98Also, the Tax Court’s stipulated decision with respect to            
          petitioner’s agreed deficiencies for 1977, 1978, 1979, 1981, and            
          1982, was entered before petitioner’s filing of each of his                 
          returns for the 1985 through 1988 tax years.                                




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