- 88 - 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 thePage: Previous 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Next
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