Walter L. Medlin - Page 111

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          We reemphasize that respondent’s determination of a deficiency is           
          presumed correct, and it is petitioner who bears the burden of              
          proving that determination incorrect.  Since petitioner bears the           
          burden of proof, he must also bear the onus of failed                       
          recollection and the lack of documentary evidence.  Further,                
          petitioner has created the situation in which he now finds                  
          himself by failing to document properly his various real estate             
          transactions, in failing to maintain and keep adequate records,             
          and by unnecessarily complicating those transactions.  We hold              
          that petitioner is responsible for 100 percent of the gain                  
          realized on the sale of Lot 23 in 1985.                                     
               4.  Silver Lake (OS-01.4)                                              
                                  FINDINGS OF FACT                                    
               On September 30, 1975, petitioner, as trustee, purchased               
          property in Osceola County, Florida, which we refer to as “Silver           
          Lake” (OS-01.4).  In November 1978, petitioner, as trustee, sold            
          Silver Lake to L.R. Donnell, Jr., as trustee, for $70,000.  On              
          February 5, 1979, Mr. Donnell, as trustee, conveyed Silver Lake             
          to Mr. Miles, as trustee, for no consideration.                             
               On October 31, 1980, Mr. Miles, as trustee, sold Silver Lake           
          to Don Prewitt, as trustee, for $220,600.  Mr. Prewitt issued a             
          purchase money mortgage for $180,000 to Mr. Miles and paid the              
          balance.  Mr. Miles, as trustee, received the following principal           
          and interest payments in 1985, 1986, and 1987:                              






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