- 31 - could have called Mr. Glen as a witness at trial but chose not to do so. This creates a presumption that his testimony would have been unfavorable to petitioners, or at least suggests that the testimony would not have supported their position. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947); see also Simon v. Commissioner, 830 F.2d 499, 506 (3d Cir. 1987), affg. T.C. Memo. 1986- 156; Schauer v. Commissioner, T.C. Memo. 1987-237; Song v. Commissioner, T.C. Memo. 1995-446. Based upon the record of this case, we do not know whether Mr. Glen or some other member of his firm prepared and signed the subject returns. Petitioner testified that he did not recollect who signed the returns. We also do not know whether Mr. Glen or other members of the firm had experience or expertise regarding qualified plans, such that petitioners' alleged reliance on their advice was reasonable. Furthermore, there has been no showing of the specific information that petitioners provided toPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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