Ingrid Capehart - Page 46

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          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 produce                 






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