- 46 - affd. 94 Fed. Appx. 949 (3d Cir. 2004), we held that a requesting spouse significantly benefited from the items giving rise to the deficiency, which were tax shelter deductions, because she received significant tax refunds as a result of the items. Likewise, in this case, petitioner and Mr. Capehart received substantial income tax refunds as a result of items giving rise to the deficiencies. That petitioner and Mr. Capehart used the refunds to invest in the Hoyt partnerships does not protect petitioner from a conclusion that she and Mr. Capehart received a significant benefit in the form of increased disposable cashflow. We conclude that this factor applies and weighs against petitioner’s claim for equitable relief under section 6015(f). d. Lack of Economic Hardship As we noted in our discussion of the positive counterpart of this factor, petitioner did not introduce credible evidence to enable us to ascertain her current salary and other income, assets, debts, and reasonable living expenses, although she was certainly in a position to do so. A taxpayer’s failure to call witnesses and produce relevant documentary evidence within her control supports an inference that such testimony and documentation would not support the taxpayer’s position. Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). Because of the negative inference that we draw from petitioner’s failure to producePage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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