Reaves Livestock, Inc., et al. - Page 32

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                    a.   $4,750 Check Drawn on The S&J Account                        
               The $4,750 check written on the S&J account that Mrs. Reaves           
          endorsed and cashed is not a constructive dividend because she              
          used it to pay Lee for corn.                                                
               Respondent contends that, if $4,750 was the price after                
          allowing a 10-percent discount, then the undiscounted selling               
          price for the corn would have been $5,277.77.  Respondent assumes           
          that Mr. Reaves and Lee would have calculated a discount equal to           
          exactly 10 percent and argues that the price of a load of corn              
          would be more in round numbers.  Respondent's point is purely               
          speculative and is an insufficient basis for us to disregard the            
          testimony on this point.                                                    
               Respondent points out that petitioners did not call Lee to             
          testify and contends that we should infer that his testimony                
          would have been adverse to petitioners.  Apparently either party            
          could have called Lee to testify.  We decline to apply an adverse           
          inference against petitioners here.  See Gaw v. Commissioner,               
          T.C. Memo. 1995-531.                                                        
                    b.   Checks for $11,730 Drawn on the George K. Reaves             
                         Account and $23,800 Drawn on the S&J Account                 
               Respondent contends that the proceeds of the $11,730 check             
          drawn on the George K. Reaves account with the notation "1966               
          Rogers Trailer" and the $23,800 check drawn on the S&J account              








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