Sue Taylor - Page 28

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         (“The failure of a party to call such available witnesses that               
         purportedly have knowledge about relevant facts provides                     
         sufficient basis to infer that the testimony of such witnesses               
         would not have been favorable to the party.”); see also McKay v.             
         Commissioner, 886 F.2d 1237, 1238 (9th Cir. 1989), affg. 89 T.C.             
         1063 (1987); Wichita Terminal Elevator Co. v. Commissioner,                  
         6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947);               
         Little v. Commissioner, T.C. Memo. 1996-270.  Petitioner has not             
         met her burden of proof; accordingly, the $70,000 paid to                    
         Property Resources is taxable to petitioner in 1999.15                       
                   2.   Taxable Year 2000                                             
              Petitioner’s Form 1040 for 2000 reported no income from                 
         National Land Bank.  Respondent made adjustments to National Land            
         Bank’s income using the bank deposits method because respondent              
         did not receive any audit cooperation or documents from                      
         petitioner for 2000.  Using the bank deposits method and the fact            
         that petitioner had signatory authority over the account at San              


               15 National Land Bank did not report the $70,000 on its 1999           
          Form 1065 presumably because Krismon Buttes, at Speck’s request,            
          reissued the check to Property Resources.  However, because the             
          check was originally issued to Speck in payment of Speck’s                  
          invoice for services rendered and because Speck is a disregarded            
          entity for Federal tax purposes, the $70,000 is taxable to                  
          petitioner.                                                                 
               Because the parties did not raise the timing issue of                  
          constructive receipt of the $70,000 in the 1998 taxable year when           
          the original check was made payable to and delivered to Speck,              
          the Court does not address this issue.                                      





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