- 32 - 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 accountPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011