Diego Francisco - Page 7

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          receipts allegedly signed by Julio Guzman for the monthly rent              
          payments.  Once again, the alleged evidence produced by                     
          petitioner is self-serving, uncorroborated, and unauthenticated.            
          All the rent receipts appear to have been prepared and signed at            
          the same time.  Neither Julio Guzman nor his wife appeared at               
          trial to verify that they received monthly rent payments from               
          petitioner.  The supposed receipts on their face are not                    
          credible.  Petitioner has failed to present persuasive evidence             
          about Julio Guzman’s earnings or wealth.  Petitioner selected the           
          place of trial, and there is no apparent reason why he did not              
          arrange for Julio Guzman to appear and testify about the alleged            
          receipts, the layout of his home, and other matters concerning              
          the head of household issue.  The failure of a party to offer               
          available testimony gives rise to the inference that it would               
          have been unfavorable to his contentions.  Bresler v.                       
          Commissioner, 65 T.C. 182, 188 (1975); Pollack v. Commissioner,             
          47 T.C. 92, 108 (1966), affd. 392 F.2d 409 (5th Cir. 1968);                 
          Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165            
          (1946), affd. 162 F.2d 513 (10th Cir. 1947).  Under the                     
          circumstances of this case, we hold that petitioner is not                  
          entitled to head of household filing status.                                
               The second issue for decision is whether petitioner is                 
          entitled to the claimed earned income credit.  Section 32(a)(1)             
          provides that an “eligible individual,” subject to certain                  






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