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or would be negative to petitioner. Wichita Terminal Elevator
Co. v. Commissioner, 6 T.C. 1158, 1165 (1946)(“the failure of a
party to introduce evidence within his possession and which, if
true, would be favorable to him, gives rise to the presumption
that if produced it would be unfavorable”), affd. 162 F.2d 513
(10th Cir. 1947). We find that no partnership books and records
were seized pursuant to the warrant. Petitioner has failed to
show how, on account of the execution of the warrant and the
retention of any items seized pursuant to the warrant, he has
been disadvantaged in prosecuting the petition in this case.
Petitioner’s complaint with respect to respondent’s alleged
seizure and extended retention of vital business books and
records pursuant to an illegal search warrant fails to establish
any ground on which to base any sanction of respondent in this
case.
X. “Misrepresentation of the status and duration of a related
grand jury investigation in a manner that seriously impeded
the civil tax litigation.”
In June 1990, acting on a recommendation of respondent, the
Department of Justice (the Department) commenced a grand jury
investigation of petitioner, Messrs. Schreiber and Wright, and
two others in connection with the operation of a fraudulent tax
shelter (the grand jury investigation). On March 1, 1993, the
Department declined prosecution of the subjects of the grand jury
investigation for the reasons set forth in our findings of fact.
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