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posted on that statement on May 4, 1993.67 On the record before
us, we find that petitioner has failed to carry his burden of
establishing that the May 3, 1993 alleged MZ Trading-related
deposit at issue represented a loan to MZ Trading.
With respect to the May 3, 1993 alleged MZ Trading-related
deposit at issue of $30,000, petitioner contends that that
deposit, which we have found was derived from a $30,000 check
from East-West, represented a gross receipt of MZ Trading that MZ
Trading reported in its Form 1065 for 1993 and that related to a
transaction for Miller beer (Miller beer transaction). In
support of that contention, petitioner relies on his self-serving
testimony and Mr. Guterman’s testimony, on which we are not
required to, and we shall not, rely.68 On the record before us,
we find that petitioner has failed to carry his burden of estab-
lishing that the May 3, 1993 alleged MZ Trading-related deposit
67Petitioner failed to offer into evidence any credible
documentary evidence establishing his contentions with respect to
the May 3, 1993 alleged MZ Trading-related deposit at issue. We
infer from petitioner’s failure to proffer any such documentary
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 deposit.
68Petitioner failed to call as a witness Mr. Kirdan and
failed to offer into evidence any credible documentary evidence
in support of his position with respect to the May 3, 1993
alleged MZ Trading-related deposit of $30,000. 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 May 3, 1993 alleged
MZ Trading-related deposit of $30,000 that any such evidence does
not exist and that, if it does exist, it would not have substan-
tiated petitioner’s position with respect to that deposit.
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