Philippe and Nadine Grelsamer - Page 37

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          supra; Beck v. Commissioner, 85 T.C. 557 (1985); Lax v.                     
          Commissioner, T.C. Memo. 1994-329, affd. without published                  
          opinion 72 F.3d 123 (3d Cir. 1995); Sacks v. Commissioner, supra;           
          Steerman v. Commissioner, T.C. Memo. 1993-447; Rogers v.                    
          Commissioner, T.C. Memo. 1990-619; see also the Plastics                    
          Recycling cases cited, supra note 1.                                        
                    b.  Green and the Tax Return Preparers                            
               In addition to relying ultimately on Becker, Grelsamer and             
          Morgan assert that they reasonably relied on Green and their                
          respective tax return preparers, Israelite and Braver.  Neither             
          Braver, Green, nor Israelite (who died prior to the Grelsamers'             
          trial) testified at the trials in these cases.  See 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), and             
          Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165            
          (1946), affd. 162 F.2d 513 (10th Cir. 1947) to the effect that              
          the failure of a party to offer available testimony gives rise to           
          the inference that it would have been unfavorable to his                    
          contention.                                                                 
               Grelsamer and Morgan had no reason to believe that Green had           
          any experience or expertise in plastics materials or plastics               
          recycling.  Green, an attorney, apparently answered Grelsamer's             
          general questions about the Plastics Recycling transactions, but            
          by the time of trial Grelsamer could not remember exactly what              






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