Larry A. and Kathleen T. Monico - Page 7

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            account receivable."  Also in that brief, they propose an                                   
            "ultimate" finding of fact:  "Petitioners should have recognized                            
            gain in the year of exchange.  Evidence concludes the exchange                              
            was definite by 1989."                                                                      
                  We need not resolve the confusion in petitioners’ briefs                              
            because, whenever it is that petitioners allege Larry Monico                                
            received a note (or notes), they have failed to prove that Larry                            
            Monico received any note, and we so find.  Petitioners produced                             
            no note, and Alan Knoll, the chief financial officer of Offut Co.                           
            and an employee of Offut Co. since 1974, could recall no note.                              
            Petitioners failed to produce Ronald Offut, who would have                                  
            knowledge of any note, and we infer from that unexplained failure                           
            that his testimony would have been adverse to petitioners.  McKay                           
            v. Commissioner, 886 F.2d 1237, 1238 (9th Cir. 1989), affg. 89                              
            T.C. 1063 (1987); Wichita Terminal Elevator Co. v. Commissioner,                            
            6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947).                              
                  B.  Cash Method of Accounting                                                         
                  Despite petitioners' failure to prove that Larry Monico                               
            received any note, we must still address petitioners' argument                              
            based on the cash equivalence doctrine.  See Cowden v.                                      
            Commissioner, 289 F.2d 20, 24 (5th Cir. 1961) ("negotiability is                            
            not the test of taxability in an equivalent of cash case"), revg.                           
            and remanding 32 T.C. 853 (1959).  Section 1.446-1(a)(3), Income                            
            Tax Regs., makes clear:  “Items of gross income * * * which are                             
            elements in the computation of taxable income need not be in the                            




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