- 110 - for 1993 that it reported in its Form 1065 for 1993 and that relates to trade number 11, a transaction for candies, reflected in MZ Trading’s purported 1993 transaction summary. In support of that contention, petitioner relies on his self-serving testi- mony and Mr. Guterman’s testimony, on which we are not required to, and we shall not, rely.65 On the record before us, we find that petitioner has failed to carry his burden of establishing that the April 26, 1993 alleged MZ Trading-related deposit at 65We note that the testimony of petitioner and of Mr. Guterman that the $77,580 check from East-West was a gross receipt of MZ Trading relating to trade number 11 reflected in MZ Trading’s purported 1993 transaction summary is inconsistent with their testimony regarding the May 3, 1993 alleged MZ Trading- related deposit. Petitioner and Mr. Guterman testified (1) that the $77,580 check from East-West that was used to make the Apr. 26, 1993 alleged MZ Trading-related deposit of $77,580 repre- sented a gross receipt of MZ Trading for the transaction for “candies” shown as trade number 11 in MZ Trading’s purported 1993 transaction summary and (2) that the May 3, 1993 alleged MZ Trading-related deposit of $37,680 represented a loan for that alleged transaction. In addition to the internal inconsistencies in the respective testimony of petitioner and of Mr. Guterman, their testimony is contradicted by certain entries for trade number 11 reflected in MZ Trading’s purported 1993 transaction summary, which show what appear to be the amount “$47,976" under the column headed “cost” and the amount “$58,500" under the column headed “sold”. Petitioner failed to call as a witness Mr. Kirdan, who petitioner contends operated East-West at all relevant times, and failed to offer into evidence any credible documentary evidence regarding the Apr. 26, 1993 alleged MZ Trading-related deposit. We infer from petitioner’s failure to call Mr. Kirdan that his testimony would not have been favorable to petitioner’s position regarding that deposit. We infer from petitioner’s failure to proffer any credible documentary evidence regarding the Apr. 26, 1993 alleged MZ Trading-related deposit that any such evidence does not exist and that, if it does exist, it would not have substantiated petitioner’s position regarding that alleged deposit.Page: Previous 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Next
Last modified: May 25, 2011