- 41 - 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.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011