- 11 -
Though petitioner contends that he received erroneous tax
advice from his tax preparer, petitioner did not testify to such
advice or call his tax preparer as a witness at trial. This
Court can infer that testimony which was not produced at trial
would not have been favorable to a taxpayer. See Wichita
Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946),
affd. 162 F.2d 513 (10th Cir. 1947). Additionally, there is no
evidence in the record supporting petitioner's contention
regarding erroneous expert advice.
On the basis of the record, we hold that petitioner did not
comply with the requirements of section 162, and failed to
exercise the due care of a reasonable and ordinarily prudent
person. We therefore hold that petitioner is liable for an
accuracy-related penalty for the 1993 tax year.
To reflect the foregoing,
Decision will be entered
for respondent.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011