- 14 - depreciation than were claimed on the returns, apparently reducing the claimed depreciable basis by certain items that petitioners now concede were never moved from Fyffe. Petitioners have introduced no books or records to substantiate or explain their claimed depreciable basis, even though petitioner testified that he kept books and records which he supplied to his accountant.8 We draw an adverse inference from petitioners’ failure to introduce such evidence that is within their possession. Cf. Citron v. Commissioner, 97 T.C. 200, 217-218 (1991); Wichita Terminal Elevator Co. v. 7(...continued) repossessed the equipment--petitioners reported opening basis of $79,448, an increase in basis of $50,000, and their amount at risk as $129,448. For taxable year 1991–-after petitioners no longer possessed the equipment–-petitioners reported their adjusted basis in the equipment and their amount at risk as $31,942. 8 For at least some of the years in issue, petitioners appear to compute their depreciable basis by reference to the provision in the September 1988 bill of sale, which purported to limit petitioner’s liability to Venco for assumption of the debt outstanding on the property to no more than $165,000. This $165,000 liability limit, however, approximates petitioner’s personal liability as previously agreed to under the settlement agreement with petitioners’ and Pacer’s various creditors. We question whether petitioner assumed any such liabilities pursuant to his purchase of the equipment from Venco and consequently whether such liabilities are appropriately included in petitioner’s depreciable basis in the equipment. Furthermore, we question the bona fides of the various purported transfers of the manufacturing equipment from Pacer to Venco and then to petitioner. The record does not explain why Venco, having purportedly purchased the equipment from Pacer in July 1988 for $598,500, would then sell the equipment back to petitioner in September 1988 for $10 stated consideration, with the parties agreeing that petitioner’s liabilities would not exceed $165,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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