Zinovy Brodsky - Page 11




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          petitioner has failed to satisfy his burden of establishing that             
          the $15,000 cashier’s check issued by Home Savings of America and            
          payable to him represented a business loan from Mr. Reingatch.               
               Alleged Reimbursements                                                  
               Petitioner contends that during 1993 $27,474 of the deposits            
          into petitioner’s accounts, including payments against the                   
          balances due on petitioner’s credit accounts and cash received in            
          connection with certain of those deposits, represented reimburse-            
          ments from MZ Trading for certain expenses that he had paid on               
          its behalf.  According to petitioner, $25,362 of the $27,474 at              
          issue related to 15 checks from MZ Trading,54 and the balance of             
          that total amount at issue ($2,112) related to five checks from              
          Mr. Guterman.55                                                              

               53(...continued)                                                        
          Reingatch for purposes other than as repayments of a loan.  In               
          this connection, petitioner failed to offer into evidence any                
          credible documentary evidence, such as a promissory note, showing            
          that the $15,000 cashier’s check issued by Home Savings of                   
          America and payable to petitioner represented a business loan                
          from Mr. Reingatch.  We infer from petitioner’s failure to                   
          proffer any such evidence that any such documentary evidence does            
          not exist and that, if it does exist, it would not have substan-             
          tiated petitioner’s position regarding that check.                           
               54With respect to the 15 checks from MZ Trading totaling                
          $25,362, petitioner contends in the alternative that those checks            
          represented nontaxable returns of his capital in MZ Trading.  On             
          the instant record, we find that petitioner has failed to carry              
          his burden of showing that MZ Trading issued those checks to him             
          as returns of his capital therein.  Nor has petitioner estab-                
          lished on the record before us his adjusted basis in his partner-            
          ship interest in MZ Trading immediately before he received each              
          of those checks.  See sec. 731(a)(1).                                        
               55Petitioner failed to offer into evidence any credible                 
          documentary evidence supporting his position with respect to the             
                                                              (continued...)           




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