Zinovy Brodsky - Page 13




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          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.                                     




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