Zinovy Brodsky - Page 22




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          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.                                                                     




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Last modified: May 25, 2011