Paul Trans and Thuy Bich Dang - Page 6




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          to call other witnesses, such as Haq or the notary public who               
          notarized both of the documents in question, or to offer any                
          other evidence to support their forgery theory.  This failure               
          gives rise to the inference that the evidence, if produced, would           
          have been unfavorable to petitioners.  See id.; see also Pollack            
          v. Commissioner, 47 T.C. 92, 108 (1966), affd. 392 F.2d 409 (5th            
          Cir. 1968); Wichita Terminal Elevator Co. v. Commissioner, 6 T.C.           
          1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947); Stokes v.           
          Commissioner, T.C. Memo. 1999-204, and cases cited therein.                 
          Accordingly, petitioners have failed to establish that their                
          signatures on the documents in question were not genuine.                   
               Petitioners argue that they could not have sold the property           
          to Haq in April 1992, because they remained liable on the                   
          mortgage until foreclosure in 1994.  The record does not clearly            
          establish the factual premises of petitioners’ argument.5                   
          Assuming, arguendo, that petitioners’ factual premises are                  
          correct, they do not compel the conclusion that petitioners would           
          have us draw.  A mortgagor may sell the mortgaged property on               
          terms whereby the purchaser takes subject to the mortgage debt              
          but has no personal obligation to pay it.  Osborne, Handbook on             
          the Law of Mortgages, sec. 248 (2d ed. 1970).  As stated in                 
          Stonecrest Corp. v. Commissioner, 24 T.C. 659, 666 (1955):                  

               5  Petitioners introduced into evidence a notice to                    
          foreclose, dated June 24, 1994, and a trustee’s deed of sale                
          dated Nov. 2, 1994.  Neither document, however, specifically                
          describes the property to which these documents pertain, other              
          than by reference to Contra Costa County records that are not in            
          evidence and that are not otherwise explained.                              

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