Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 22




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          AMCOR to each initial general partner.  The AMCOR purchase                  
          agreement is dated December 12, 1985, and it is not retrospective           
          in its discussion of such sale:  It states that the initial                 
          general partners “own” a 1-percent interest in the partnership              
          and AMCOR “is desirous” of purchasing one-half of that interest.            
          Because of the substantial purchase price to be paid to each                
          initial general partner, we think it a fair inference that the              
          initial general partners would take no actions to admit AMCOR to            
          the partnership as a co-general partner until they had received             
          payment.  Payments totaling $375,000 would be documented by                 
          checks, receipts, evidence of withdrawals or deposits, or the               
          like, which could establish the fact of such payments on or                 
          before February 1, 1985.  AVA’s failure to produce such evidence            
          leads to the inference that either such evidence does not exist             
          or would be negative to petitioner.  See Wichita Terminal                   
          Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946) (“the                
          failure of a party to introduce evidence within his possession              
          and which, if true, would be favorable to him, gives rise to the            
          presumption that if produced it would be unfavorable”), affd. 162           
          F.2d 513 (10th Cir. 1947).  Putting such inference together with            
          the execution of the AVA purchase document on December 12, 1985,            
          and the filing of the amendment to the AVA certificate on                   
          December 23, 1985, adding AMCOR as a general partner, leads us to           








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