- 25 - staff. It also received all of the income earned in the dermatology practice, collected moneys due to the dermatology practice from insurance companies and patients, paid the dermatology practice’s business expenses, and purchased the dermatology practice’s supplies. In sum, respondent has established a source for the $1,149,048 in determined unreported income, he has shown that petitioner beneficially owned BBL and that BBL had $1,149,048 of undistributed earnings and profits at the start of 1996, and he has demonstrated the steps by which petitioner converted the $1,149,048 of BBL’s earnings and profits from BBL to her personal accounts in 1996. Petitioner, in turn, has put forth no probative evidence to the contrary, leading to the inference that such evidence if produced would have been unfavorable to her. See, e.g., Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947); see also McKay v. Commissioner, 89 T.C. 1063, 1069 (1987) (failure of witness to testify to fact peculiarly within his knowledge suggests that testimony would have been unfavorable), affd. 886 F.2d 1237 (9th Cir. 1989). We hold that respondent determined correctly in the notice of deficiency that petitioner had unreported dividend income of $1,149,048 for 1996.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011