- 21 -
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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