- 93 -
that the payment from Michael Bast was mistakenly entered on the
Medlin/Geech Partin ledger card, ledger card No. 70042. Although
petitioner’s testimony was, as a general matter, self-serving and
less than credible at trial, his testimony regarding his
involvement in the Sybil Partin/Michael Bast property transaction
was detailed and supported by the testimony of Mr. Miles and
Mike Partin. Given that petitioner lacked any discernible
interest in that transaction, petitioner’s contention that the
entry on ledger card No. 70042 was a mistake is supported by the
record. The ledger card shows a deposit of $84,521.63 followed 2
days later by a transfer in that same amount to the Sybil Partin
ledger card. Mr. Miles confirmed that these entries were
consistent with the procedures he and his bookkeeper followed
with respect to a mistaken entry. Ms. Goodman’s general
testimony establishes that the initial deposit of $84,521.63 was
indeed transferred to the Sybil Partin card given the notation
“Transferred to Partin Sybil card”. We hold that the $84,521.63
deposit is not income to petitioner.
3. Deposit on April 9, 1987, of $67,740
FINDINGS OF FACT
On April 9, 1987, petitioner deposited $67,740 into his
Tucker bank account No. 00018066.62 A memorandum dated October
62The record contains a Tucker State Bank signature card,
which contains account information for account No. 00018066.
That record contains the signatures of petitioner and Ms. Allen,
(continued...)
Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 NextLast modified: May 25, 2011