-29- 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 thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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