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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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