Robert L. Allum - Page 29

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          coowner of his legal claims, but as a legal representative                  
          receiving compensation for his services.  See Kessler v.                    
          Commissioner, T.C. Memo. 1982-432 (merely providing compensation            
          to an employee or independent contractor on a contingent fee                
          basis, as is common among attorneys, does not convert the                   
          relationship to a partnership for Federal tax purposes); see also           
          Smith v. Commissioner, 33 T.C. 465, 487 (1959), affd. in part,              
          revd. in part and remanded on another issue 313 F.2d 724 (8th               
          Cir. 1963); Comtek Expositions, Inc. v. Commissioner, T.C. Memo.            
          2003-135, affd. 99 Fed. Appx. 343 (2d Cir. 2004).  Third,                   
          petitioner produced no evidence regarding whether the attorney              
          intended to form a partnership with him.  It is well established            
          that the failure of a party to introduce evidence which, if true,           
          would be favorable to him, gives rise to the presumption that the           
          evidence would be unfavorable if produced.  Wichita Terminal                
          Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162           
          F.2d 513 (10th Cir. 1947).                                                  
               Furthermore, the record demonstrates that petitioner’s                 
          reliance on McDougal v. Commissioner, 62 T.C. 720 (1974), is                
          misplaced.  In McDougal, we determined whether the taxpayer’s               
          transfer of a one-half interest in a racehorse to a horse trainer           
          constituted a contribution to a partnership or joint venture                
          formed by the taxpayer and trainer.  Id.  The taxpayer had                  
          purchased the horse on the trainer’s advice, and he promised the            






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