Walter L. Medlin - Page 160

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          represented unreported income.  On March 11, 1985, a check (No.             
          601) for $63,212.50 was drawn on petitioner’s Freedom account.              
          This check was payable to the order of “Freedom Financial Center”           
          and was endorsed by Ms. Allen.  The account balance was reduced             
          from $64,775.80 to $1,563.30 as a result of this check.                     
               On March 11, 1985, petitioner purchased a cashier’s check              
          for $59,000 from Freedom.  Petitioner was listed as both the                
          remitter and the payee.  On March 12, 1985, petitioner deposited            
          the proceeds of this check into his Tucker State Bank account.              
          Respondent determined that the $59,000 deposit was taxable as               
          income to petitioner for 1985.                                              
                                      OPINION                                         
               Petitioner contends that the March 12, 1985, deposit of                
          $59,000 was traceable to the $70,000 check from Washington                  
          International and that respondent did not determine that the                
          proceeds of this check represented unreported income.  Petitioner           
          argues that after the $70,000 check was deposited to his Freedom            
          account, Ms. Allen made a withdrawal of $63,212.50 in the form of           
          check No. 601 and used the proceeds to purchase the $59,000                 
          cashier’s check payable to Mr. Medlin and deposited in his Tucker           
          bank account.                                                               
               Petitioner did not question Ms. Allen at trial regarding her           
          endorsement on check No. 601 and whether she used that check to             
          purchase the $59,000 cashier’s check from Freedom.  Petitioner              






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