Walter L. Medlin - Page 96

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               which, if true, would be favorable to him, gives rise                  
               to the presumption that if produced it would be                        
               unfavorable.  This is especially true where * * * the                  
               party failing to produce the evidence has the burden of                
               proof or the other party to the proceeding has                         
               established a prima facie case. * * *                                  
          Also, the failure to present the testimony of available                     
          witnesses, who purportedly possess knowledge about certain                  
          relevant facts, provides sufficient basis to infer that the                 
          testimony of those witnesses would not have been favorable.                 
          Petzoldt v. Commissioner, 92 T.C. 661, 691 (1989); Pollack v.               
          Commissioner, 47 T.C. 92, 108 (1966), affd. 392 F.2d 409 (5th               
          Cir. 1968).                                                                 
               We are not required to accept incredible, implausible, or              
          biased testimony.  Fleischer v. Commissioner, 403 F.2d 403, 406             
          (2d Cir. 1968), affg. T.C. Memo. 1967-85; Parks v. Commissioner,            
          supra at 659; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).              
          I.   Items of Income Determined by Respondent                               
               Respondent prepared on brief a reconciliation of items which           
          are “in dispute” and concessions as to the adjustments in the               
          statutory notice of deficiency.  Appendix C of this opinion                 
          reflects the reconciliation schedules that respondent prepared              
          and which petitioner stipulated in his answering brief.  We                 
          discuss below those items of income that the parties represented            
          were still in dispute.  However, we point out that petitioner               
          does not contest on brief many of those items.  Instead, he                 







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