Walter L. Medlin - Page 174

                                       - 99 -                                         
          number of a check listed on a deposit statement for the Miles &             
          Cumbie P.A. Trust Account.  The deposit statement is dated July             
          8, 1988, the check is in the amount of $140,000, and the deposit            
          slip was filled out by Ms. Goodman.  Petitioner has shown that              
          the issuance of the $140,000 Dean Witter check on July 7, 1988,             
          the deposit of $140,000 to Mr. Miles’s law firm’s trust account             
          on July 8, 1988, and the deposit entry of $140,000 on the                   
          Medlin/Prather Ranch Property ledger card were more than mere               
          coincidences and that the source of the deposit entry was the               
          Dean Witter check.  Nevertheless, petitioner has not shown that             
          the Dean Witter check was a loan; i.e., that the check was a                
          nontaxable source of income.  See Polidori v. Commissioner, T.C.            
          Memo. 1996-514.                                                             
               At trial, petitioner testified that he needed to make a                
          mortgage payment on what petitioner refers to as the Partin                 
          property, that he called Richard Margolis up and told him he                
          needed some money, and that Mr. Margolis lent him the $140,000 at           
          issue.  Petitioner testified that Mr. Margolis’s representative             
          recommended:                                                                
               rather than do a mortgage, have me deed them the                       
               property, or deed or convey them the beneficial                        
               interest in the property, if I only held the beneficial                
               interest, and then give me an option to buy it back at                 
               this continually accelerating price, which was                         
               reflective of the interest rate.  And that’s what                      
               happened here.                                                         








Page:  Previous  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  Next

Last modified: May 25, 2011