Estate of Frank Johnson - Page 160




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          this item to be incredible as it comports with Frank and                    
          Katherine’s lifelong practice of paying expenses for their                  
          children.  Janie did not testify at trial; therefore, there is no           
          evidence that she paid Dayle’s expenses.  The failure of a party            
          to introduce evidence that is within his or her control gives               
          rise to a presumption that the evidence, if provided, would be              
          unfavorable to the party who has control over the evidence.  See            
          Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165            
          (1946), affd. 162 F.2d 513 (10th Cir. 1947).  On the basis of the           
          foregoing, we conclude that respondent’s charge of $7,000 for               
          detective expenses is reasonable; accordingly we hold that no               
          adjustment for that item is required in Frank and Katherine’s               
          source and application of funds analysis for 1990.                          
                    g.  Janie’s Living Expenses                                       
               In the source and application of funds analysis for Frank              
          and Katherine for 1990, see infra Appendix A, respondent included           
          as an application of funds $6,000 paid for room and board for               
          their daughter Janie and her children.  The record does not                 
          establish whether Frank or Janie paid those expenses.  Dayle                
          testified that Frank told him he paid Janie’s expenses.  Dayle,             
          however, did not have any first-hand knowledge regarding who                
          actually paid the expenses.  Petitioners question Dayle’s                   
          credibility.  Larry testified that Frank and Katherine did not              
          pay for Janie’s expenses because she had her own money.  On the             






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