- 87 - Even if we were to assume that the deposit of $59,000 is traceable to the $70,000 received from Washington International, petitioner has not established that this is a nontaxable source of income. Petitioner relies on the fact that respondent failed to determine in the notice of deficiency that this amount represented unreported income. However, this alone does not establish an income source to be nontaxable. Respondent may have had a wide range of valid reasons for not targeting this particular item for an increased deficiency, including lack of information and records. Those reasons do not indicate that the source is a nontaxable one, especially given the particular circumstances of this case where moneys are being moved around through a variety of entities, individuals, transactions, and trust accounts. Petitioner claims that the $70,000 check from Washington International was a loan, because “The evidence as to Washington International was that it loaned money secured by real estate (TR-412, 453).” At trial, John Kelly testified with respect to petitioner’s Washington International account, i.e., the Cayman Island account, that “it was basically a loan account. He would pledge property as collateral, and they would advance him funds against his property. And subsequently he would repay the loan either from other funds or through sales of the property.” Mr. Kelly also testified that “Mr. Medlin would transfer title toPage: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
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