Maureen Monsour - Page 30

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          deficiency or understatement19 for each of those years that is              
          attributable to each such determination.20                                  
               Although we believe that Mr. Winschel21 would have been able           
          to fill in most, if not all, of the significant gaps in the                 
          record relating to the foregoing and certain other matters mate-            
          rial to petitioner’s position in this case, petitioner did not              
          call him to testify on her behalf.  We presume that petitioner              
          did not call Mr. Winschel as a witness because his testimony                
          would not have been favorable to petitioner’s position.  See                
          Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165            
          (1946), affd. 162 F.2d 513 (10th Cir. 1947).                                


               18(...continued)                                                       
          Georgetown Square for one or more of those years not disclosed by           
          the record that respondent conceded, the record also does not               
          establish whether respondent conceded in full and/or compromised            
          in part in the case for the taxable years at issue any of the               
          determinations in that notice.  See supra note 14.                          
               19Petitioner claims relief under sec. 6015(b) and, in the              
          alternative, under sec. 6015(f) for each of the taxable years               
          1989, 1991, 1992, and 1993.  She also claims relief under sec.              
          6015(f) for the taxable year 1990.  Sec. 6015(b) uses, inter                
          alia, the term “understatement”, and sec. 6015(f) uses, inter               
          alia, the term “deficiency”.  For purposes of this case, the                
          meaning of those terms is the same.  See secs. 6211, 6015(b)(3).            
          For convenience, we shall use the term “understatement”.                    
               20See supra notes 10 through 12.                                       
               21Mr. Winschel represented petitioner and Mr. Monsour with             
          respect to, inter alia, respondent’s examination of the taxable             
          years at issue, the Appeals Office consideration of those years,            
          respondent’s issuance of the notice for those years, and the case           
          that petitioner and Mr. Monsour commenced in the Court for those            
          years.                                                                      





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