InterTAN, Inc. - Page 41

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          Petitioner did not call Mr. Wolf to testify about Mr. Wolf’s                
          alleged oral advice.  We presume that petitioner did not call Mr.           
          Wolf as a witness because his testimony would have been unfavor-            
          able to petitioner’s position in this case.  Wichita Terminal               
          Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162           
          F.2d 513 (10th Cir. 1947).  We are unwilling to rely on Mr.                 
          Saunders’ testimony regarding Mr. Wolf’s alleged oral advice.               
               On the record before us, we find that petitioner has failed            
          to establish that it provided all the necessary information                 
          concerning the disputed transaction to Price Waterhouse.  On that           
          record, we further find that petitioner has failed to establish             
          that it followed the advice of Price Waterhouse with respect to             
          the disputed transaction.  On the record before us, we find that            
          petitioner has failed to carry its burden of proving that there             
          was reasonable cause for, and that it acted in good faith with              
          respect to, the underpayment in this case.                                  
               Based upon our examination of the entire record before us,             
          we find that petitioner has failed to carry its burden of estab-            
          lishing that petitioner is not liable for the accuracy-related              
          penalty under section 6662(a).                                              
               We have considered all of the contentions and arguments of             
          petitioner and respondent that are not discussed herein, and we             


               24(...continued)                                                       
          performing services for petitioner under a consulting arrange-              
          ment.                                                                       





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