George Maciel - Page 34

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          operations and the expenses that he alleges are associated with             
          this activity.42  These expenses include, inter alia, telephone             
          and utility bills.  The record shows that petitioner, in                    
          contradiction to his argument, did deduct expenses associated               
          with this property.  For example, petitioner deducted $6,639,               
          $11,699, and $11,392 in connection with the real property as                
          listed on Schedule E for his 1990, 1991, and 1992 returns,                  
          respectively.  Indeed, petitioner provided no invoices to                   
          substantiate any of the expenses he alleges that he paid on                 
          Newark T&B’s behalf.  Furthermore, petitioner failed to offer               
          evidence that these expenses were paid by Newark T&B and not by             
          Alviso or GMT.43                                                            
                              (B)  Petitioner’s Racing Business                       
               Petitioner also argues that he did not claim as deductions             
          any expenses associated with his racing business.  He alleges               
          that he incurred expenses of $17,847.23, $15,065.23, and                    


               42On brief, petitioner claims he is entitled to unspecified            
          amounts of deductions for depreciation.  However, there is                  
          insufficient evidence in the record with which we can calculate             
          any depreciation to which petitioner might be entitled.                     
               43“The rule is well established that the failure of a party            
          to introduce evidence within his possession and which, if true,             
          would be favorable to him, gives rise to the presumption that if            
          produced it would be unfavorable.”  Wichita Terminal Elevator Co.           
          v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513               
          (10th Cir. 1947).  “This is especially true where, as here, 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.”  Id.                                                                 





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