- 30 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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