- 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
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