Walter L. Medlin - Page 162

                                       - 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 to               






Page:  Previous  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  Next

Last modified: May 25, 2011