Robert S. Cohen and Margery Cohen - Page 27

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          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.  Accordingly, we review            
          Becker’s testimony in the Jaroff case below and consider the                
          extent of his expertise and the likelihood that he gave special             
          assurances or guaranties to petitioner.                                     
               Becker had no education, special qualifications, or                    
          professional skills in plastics engineering, plastics recycling,            
          or plastics materials.  In evaluating the Plastics Recycling                
          transactions and organizing the SAB recycling partnerships,                 
          Becker supposedly relied upon:  (1) The memorandum and the                  
          accompanying materials; (2) a tour of the PI facility in Hyannis;           
          (3) discussions with insiders to the transactions; (4) Michael              
          Canno (Canno), a client of Becker Co.; and (5) his investigation            
          of the reputation and background of PI and persons involved in              
          the transactions.                                                           



               10(...continued)                                                       
               MR. RIZEK:  We are not calling Mr. Becker.  We don’t                   
               think it’s necessary, Your Honor.  I don’t think                       
               there’s going to be any doubt at the conclusion of the                 
               evidence that’s presented here that these Petitioners                  
               had fairly long standing relationships independent of                  
               this particular transaction with Mr. Becker.                           





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