- 21 - 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, hePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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