Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 167

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            family relationships prior to and during the years at issue.43                                 
            Mme. Koo is, and was during and preceding the years at issue,                                  
            petitioner's mother-in-law.  Thus, she would ordinarily be                                     
            expected to favor him.  In fact, the record discloses that she                                 
            did favor him with respect to various business transactions.44                                 
            The failure of a party to call as a witness a relative who would                               
            ordinarily be expected to favor that party suggests that that                                  
            relative's testimony would be unfavorable.  See Steiner v.                                     
            Commissioner, 350 F.2d 217, 222-223 (7th Cir. 1965), affg. T.C.                                
            Memo. 1963-128; Stoumen v. Commissioner, 208 F.2d 903, 907 (3d                                 
            Cir. 1953), affg. a Memorandum Opinion of this Court dated Mar.                                
            13, 1953.                                                                                      
                 On the present record, we find that Mme. Koo was within                                  
            petitioner's power to produce for purposes of the adverse in-                                  


            43  Petitioner's relationships with his mother-in-law Mme. Koo                                 
            contrast sharply with his relationships with his mother and                                    
            siblings, which both he and his brother, Henry Gaw, testified                                  
            were hostile.  Union Bank records also indicate that that bank                                 
            understood that there was disunity among members of S.C. Gaw's                                 
            family following his death and that each member of that family                                 
            was responsible for his or her own activities.                                                 
            44  By way of illustration, petitioner testified that he became                                
            managing director of Pioneer in 1973 at Mme. Koo's behest and                                  
            that he was able to borrow from, and give guarantees for more                                  
            than what he was worth to, banks in Hong Kong because those banks                              
            knew that Mme. Koo would honor his obligations if the need arose.                              
            Documentary evidence in the record shows Mme. Koo's involvement                                
            in transactions with respect to the pledges of cash deposits by                                
            Double Wealth and Forward for certain of the loans at issue,                                   
            e.g., her signature on documents of Double Wealth and Forward                                  
            connected with the pledge of those corporations' deposits as                                   
            security for those loans.                                                                      




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