- 81 - In the March 17, 2004, meeting with Agents Rans and Beach, petitioner stated that he owned only the original dwelling on the Rivercliff property and the barn. On September 9, 2004, petitioner signed a memorandum of confirmation and agreement with NCPL which stated that the original intention was to own the Rivercliff property as a 50-50 joint venture between petitioner and NCPL. After the notices of deficiency were issued, petitioner’s story further evolved. He claimed he owned the Rivercliff property and that the funds transferred to purchase, develop, and operate the property were nontaxable loans. Petitioner and Kumiko Talmage designed the new home on the Rivercliff property, petitioner developed the property, and petitioner occupied the property as his primary residence from June 9, 1999, through the date of trial. Even after the Rivercliff property was transferred, RFI purportedly hired petitioners as caretakers for the property, allowing them to reside in the Rivercliff property’s new multimillion-dollar home and enjoy full use of the property. Despite all his machinations, from the time petitioner purchased the Rivercliff property, he had full use, control, and benefit of the property. Petitioner’s explanations to respondent and his testimony at trial with respect to the ownership of the Rivercliff property were inconsistent and implausible and were created for the sole purpose of misleading respondent, and the Court finds thatPage: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 NextLast modified: March 27, 2008