- 22 - 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 toPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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