- 13 - cashed in various life insurance policies during 1990. The proceeds from such loans and insurance policies, petitioner contends, more than account for the imbalance between the couple's earnings and expenditures for taxable year 1990. At trial, however, when questioned whether she could substantiate such allegations, petitioner explained that, although she possessed documentary proof of the above-referenced loans, she had not brought such documentation to court. Moreover, other than her own testimony, petitioner did not offer any corroboration for her assertion regarding the life insurance policies allegedly cashed in by her former husband. Although petitioner's testimony regarding the loans and life insurance policies was not contradicted at trial, we are not required to accept petitioner's self-serving testimony if we determine it to be improbable or questionable. Lovell & Hart, Inc. v. Commissioner, 456 F.2d 145, 148 (6th Cir. 1972), affg. T.C. Memo. 1970-335; MacGuire v. Commissioner, 450 F.2d 1239, 1244 (5th Cir. 1971), affg. T.C. Memo. 1970-89; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); see also Lerch v. Commissioner, 877 F.2d 624 (7th Cir. 1989); Shapiro v. Rubens, 166 F.2d 659, 666 (7th Cir. 1948). Furthermore, it has long been settled that a party's failure to introduce evidence within his or her possession, and which, if true, would be favorable to him or her, gives rise to the presumption that if produced such evidence would be unfavorable. Wichita Terminal Elevator Co. v.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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