- 85 - 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. PetitionerPage: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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