- 37 - that his brother had no knowledge regarding the value of the Sentinel EPS recyclers. Moreover, petitioner did not know whether his brother even talked to anyone in the plastics industry before giving him “advice”. In addition, petitioner did not know whether, but rather merely assumed that, his brother read the offering memorandum before giving him “advice”. It is noteworthy that petitioner did not call his brother to testify at trial. Petitioner’s failure to do so gives rise to the inference that his brother’s testimony would not have been favorable to petitioner. See Mecom v. Commissioner, 101 T.C. 374, 386 (1993), affd. without published opinion 40 F.3d 385 (5th Cir. 1994); Pollack v. Commissioner, 47 T.C. 92, 108 (1966), affd. 392 F.2d 409 (5th Cir. 1968); Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). Petitioners rely on Dyckman v. Commissioner, T.C. Memo. 1999-79, for the proposition that reliance on a trusted friend or adviser (such as petitioner’s brother) relieves a taxpayer from liability for negligence. That case, however, is clearly distinguishable from the present ones. In Dyckman v. Commissioner, supra, we held for the taxpayers on the issue of negligence based on special and unusual circumstances, including the taxpayers’ complete lack of sophistication in investment matters and the long-termPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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