- 29 - case.7 See Bresler v. Commissioner, 65 T.C. 182, 188 (1975), 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 guarantees to petitioner or petitioner’s partners. 7 The colloquy concerning petitioner’s counsel’s failure to provide Becker’s testimony about his close relationship with Cohen and Feinberg is as follows: THE COURT: I didn’t hear you mention Mr. Becker’s name as a witness. MR. RIZEK: We are not going to call Mr. Becker as an additional witness. I think the 300 pages or so that we stipulated to in the supplemental stipulation are more than adequate to cover any points we wanted to establish with Mr. Becker. THE COURT: Well, that may be, but you’re going to talk a lot about how these parties all had a relationship with Mr. Becker and all that sort of thing and you’re not calling Mr. Becker? 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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