- 6 - 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 certainPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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