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petitioner has failed to carry his burden of establishing that
the July 9, 1993 alleged MZ Trading-related deposit at issue
represented a reimbursement for the shipping of candies to a Mr.
Ivenin relating to a transaction of MZ Trading.
With respect to both the August 30 and September 14, 1993
alleged MZ Trading-related deposits of $22,000 and $17,700,
respectively, petitioner contends that those deposits, which we
have found were derived from East-West and from Mr. Kirdan,72
respectively, represented gross receipts of MZ Trading that it
reported in its Form 1065 for 1993 and that related to trade
number 14, a transaction for “coffee”, reflected in MZ Trading’s
purported 1993 transaction summary.
71(...continued)
Q And so what does that represent?
A That to the best of my ability to recall it, it’s
just after the deal was concluded it was a distri-
bution.
Q Distribution of what?
A Of the entire funds, of the initial investment,
plus most probably, interest and/or profit.
The foregoing testimony of Mr. Vulis regarding the $6,450 check
from Commonwealth Enterprises that was the source of the July 9,
1993 alleged MZ Trading-related deposit at issue does not support
petitioner’s contention that that deposit represented a reim-
bursement for the cost of shipping certain candies to a Mr.
Ivenin relating to a transaction of MZ Trading.
72Petitioner contends that the $22,000 received from East-
West was paid by check as was the $17,700 received from Mr.
Kirdan. The record does not support petitioner’s contention. We
have found that the $22,000 received from East-West and the
$17,700 received from Mr. Kirdan were paid in cash.
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