- 28 - (“The failure of a party to call such available witnesses that purportedly have knowledge about relevant facts provides sufficient basis to infer that the testimony of such witnesses would not have been favorable to the party.”); see also McKay v. Commissioner, 886 F.2d 1237, 1238 (9th Cir. 1989), affg. 89 T.C. 1063 (1987); Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947); Little v. Commissioner, T.C. Memo. 1996-270. Petitioner has not met her burden of proof; accordingly, the $70,000 paid to Property Resources is taxable to petitioner in 1999.15 2. Taxable Year 2000 Petitioner’s Form 1040 for 2000 reported no income from National Land Bank. Respondent made adjustments to National Land Bank’s income using the bank deposits method because respondent did not receive any audit cooperation or documents from petitioner for 2000. Using the bank deposits method and the fact that petitioner had signatory authority over the account at San 15 National Land Bank did not report the $70,000 on its 1999 Form 1065 presumably because Krismon Buttes, at Speck’s request, reissued the check to Property Resources. However, because the check was originally issued to Speck in payment of Speck’s invoice for services rendered and because Speck is a disregarded entity for Federal tax purposes, the $70,000 is taxable to petitioner. Because the parties did not raise the timing issue of constructive receipt of the $70,000 in the 1998 taxable year when the original check was made payable to and delivered to Speck, the Court does not address this issue.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011