- 88 - pieces of property--or a security interest in pieces of property --not title--to the Cayman bank. The Cayman bank would then advance him funds using the property as a security. Mr. Medlin would then repay the loan in time.” At best, John Kelly’s testimony provides a possible explanation for what the $70,000 check represented. Petitioner has offered no additional evidence or testimony to establish his claim that the check was a loan. Importantly, he does not argue, nor has he shown, that title to, or a security interest in, property was ever transferred to Washington International for what he purports to be $70,000 in loan proceeds. Mr. Kelly’s testimony that Washington International and Mr. Medlin were generally involved in loan transactions does not establish that this amount was a loan. Indeed, his testimony was inconsistent with petitioner’s testimony at trial that he used the Washington International trust account as a vehicle for deferring income from real estate sales. Petitioner has not established a link between the unreported deposit and a nontaxable source of income. We sustain respondent’s determination that the $59,000 deposit is taxable as income to petitioner. 2. Deposit on September 16, 1986, of $84,521.63 FINDINGS OF FACT On September 16, 1986, $84,521.63 was deposited into Mr. Miles’s trust account. Ledger card No. 70042 for that trustPage: Previous 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Next
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