- 102 - petitioner’s equity line account shown below: Date of Amount of Al- Alleged Payor of Deposit Account Total Deposit leged Advance Alleged Advance 3/11/91 Petitioner’s $2,515 $975 Mr. Dubrovsky UVW account 3/19/91 Petitioner’s 20,119 119 Mr. Reingatch equity line account 8/22/91 Petitioner’s 2,734 1,224 Mr. Dubrovsky UVW account With respect to the March 11, 1991 deposit of $2,515, petitioner contends that $975 of that deposit, which we have found was derived from a $975 money order from Mr. Dubrovsky, represented an advance from Mr. Dubrovsky for the purchase at cost of a facsimile machine for Mr. Dubrovsky. In support of that contention, petitioner relies on his self-serving testimony, on which we are not required to, and we shall not, rely.57 On the record before us, we find that petitioner has failed to carry his burden of establishing that $975 of the March 11, 1991 deposit represented an advance from Mr. Dubrovsky for the pur- chase of a facsimile machine on Mr. Dubrovsky’s behalf. With respect to the March 19, 1991 deposit of $20,119, petitioner contends that $119 of that deposit represented an advance from Mr. Reingatch for the purchase at cost of a walkman 57We note that the record does not establish through credi- ble documentary evidence that petitioner purchased a facsimile machine for Mr. Dubrovsky. Furthermore, petitioner did not question Mr. Dubrovsky about whether Mr. Dubrovsky had advanced $975 to petitioner for the purchase of a facsimile machine. We infer from petitioner’s failure to do so that any such testimony would not have been favorable to petitioner’s position regarding that alleged advance. In any event, we would not have been required to rely on any of Mr. Dubrovsky’s testimony with respect to the alleged $975 advance in question.Page: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
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