Barry H. and Marilyn S. Scheiner - Page 22

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          Yet, with respect to the accounting partnership activity, no                       
          documentation of the hours worked was presented to respondent or                   
          the Court.                                                                         
                We are not bound to accept the unverified, undocumented                      
          testimony of taxpayers.  Hradesky v. Commissioner, 65 T.C. 87, 90                  
          (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976).  It is                      
          well established that the failure of a party to introduce                          
          evidence within his or her possession which, if true, would be                     
          favorable, gives rise to the presumption that if produced, it                      
          would be unfavorable.  Frierdich v. Commissioner, 925 F.2d 180,                    
          185 (7th Cir. 1991), affg. T.C. Memo. 1989-393 (amending T.C.                      
          Memo. 1989-103).  If the partnership records of Scheiner &                         
          Halpern lent support for petitioner's contention, presumably they                  
          would have been made a part of the record.  Petitioner has not                     
          met her burden of proving that she met the requirements of                         
          section 1.469-5T(a)(4), Temporary Income Tax Regs., supra.                         
          Chapin v. Commissioner, T.C. Memo. 1996-56.                                        
                Petitioner has failed to establish material participation                    
          with respect to her condominium rental activities under section                    
          469 and the accompanying regulations.  Therefore, we sustain                       
          respondent's determination that the losses from such activities                    
          were passive activity losses under section 469.                                    
                To reflect the foregoing,                                                    
                                                 Decision will be entered                    
                                                 under Rule 155.                             




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