Robert L. Stahl - Page 21




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          no such order was entered or, if entered, did not meet the                  
          specifications of section 414(p).  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).                                                           
               We find that the Vanguard distribution is taxable to                   
          petitioner, as distributee, under section 402(a).  Because the              
          Vanguard distribution was made in satisfaction of petitioner’s              
          obligation to pay overdue child support, it does not give rise to           
          a deduction for alimony paid.  See sec. 71(c).                              
          IV.  Conclusion                                                             
               We sustain respondent’s determination of a deficiency except           
          to the extent that petitioner paid alimony to Ms. Hodson of                 
          $1,000 in 1994 and $3,000 in 1995.                                          

                                                  Decision will be entered            
                                             under Rule 155.                          
















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