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deposit represented a gross receipt of MZ Trading that it re-
ported in its Form 1065 for 1993.
With respect to the April 26, 1993 alleged MZ Trading-
related deposit at issue of $22,500, petitioner contends that
that deposit, which we have found was derived from a $22,500
check from Mr. Vulis, represented a loan to MZ Trading for the
purchase of beer. Petitioner failed to raise the April 26, 1993
alleged MZ Trading-related deposit of $22,500 as an issue in
petitioner’s further trial memorandum. Accordingly, pursuant to
the Court’s March 31, 2000 Order, we shall not address that
matter.64
With respect to the April 26, 1993 alleged MZ Trading-
related deposit at issue of $77,580, petitioner contends that
that deposit, which we have found was derived from a $77,580
check from East-West, represented a gross receipt of MZ Trading
64Assuming arguendo that petitioner had raised as an issue
in petitioner’s further trial memorandum the Apr. 26, 1993
alleged MZ Trading-related deposit of $22,500, on the instant
record, we find that petitioner has failed to carry his burden of
showing that that deposit represented a loan from Mr. Vulis to MZ
Trading. Petitioner relies on Mr. Guterman’s testimony to
support that contention, on which we are not required to, and we
shall not, rely. We note that petitioner did not question Mr.
Vulis specifically about the $22,500 loan that he allegedly made
to MZ Trading. We infer from petitioner’s failure to elicit any
such testimony from Mr. Vulis that any such testimony would not
have been favorable to petitioner’s position regarding that
alleged loan. Petitioner failed to offer into evidence any
credible documentary evidence supporting his position that the
$22,500 check from Mr. Vulis represented a loan to MZ Trading.
We infer from petitioner’s failure to proffer any such documen-
tary evidence that any such evidence does not exist and that, if
it does exist, it would not have substantiated petitioner’s
position with respect to that alleged loan.
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