Letantia Bussell - Page 25

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          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.                          









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