Thomas Greendyk - Page 7

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          been unfavorable to his position.  See McKay v. Commissioner, 886           
          F.2d 1237, 1238 (9th Cir. 1989), affg. 89 T.C. 72 (1987); Wichita           
          Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946)             
          (“The rule is well-established that the failure of a party to               
          introduce evidence within his possession and which, if true,                
          would be favorable to him, gives rise to the presumption that if            
          produced it would be unfavorable.”), affd. 162 F.2d 513 (10th               
          Cir. 1947); see also Little v. Commissioner, T.C. Memo. 1996-270            
          (“The Wichita Terminal presumption generally applies where the              
          party failing to produce the evidence has the burden of proof.”).           
          Petitioner had the opportunity to call witnesses to testify, or             
          testify himself, on his behalf.  However, petitioner did neither.           
          Petitioner also chose not to participate in the stipulation                 
          process.  The Court therefore sustains the deficiency determined            
          by respondent.                                                              
          III. Additions to Tax                                                       
               The Commissioner bears the burden of production in any court           
          proceeding with respect to an individual’s liability for                    
          penalties or additions to tax.  Sec. 7491(c).  To meet this                 
          burden, the Commissioner must come forward with sufficient                  
          evidence indicating that it is appropriate to impose the relevant           
          penalty or addition to tax.  Higbee v. Commissioner, 116 T.C.               
          438, 446 (2001).  In instances where an exception to the penalty            
          or addition of tax is afforded upon a showing of reasonable                 






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