Zinovy Brodsky - Page 29




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          conceded that he is taxable on $1,000 of that deposit and that               
          that concession, taken together with respondent’s concession of              
          $16,700 of that deposit, leaves no portion of the September 14,              
          1993 alleged MZ Trading-related deposit that remains at issue in             
          this case.74                                                                 
               Alleged Repayments of Loans                                             
               Petitioner contends that $20,000 of the March 19, 1991                  
          deposit of $20,119 and the entire September 7, 1993 deposit at               
          issue of $3,000 represented repayments of certain loans that he              
          had made to certain individuals.                                             
               With respect to the March 19, 1991 deposit of $20,119,                  
          petitioner contends that $20,000 of that deposit constituted a               
          repayment by Mr. Reingatch of a loan that petitioner had made to             
          him.  In support of that contention, petitioner relies on his                
          self-serving testimony, on which we are not required to, and we              
          shall not, rely.  Petitioner also relies on a copy of the front              
          side of a $20,000 check dated May 20, 1990, that was signed by               
          petitioner and payable to Mr. Reingatch.  Petitioner claims that             
          that check represented the $20,000 that he lent Mr. Reingatch.               
          Although we are satisfied from the copy of the front side of the             
          May 20, 1990 check on which petitioner relies that that check was            
          negotiated, we are not satisfied from that copy, inter alia, that            


               74Even if we had not concluded that, prior to the trial in              
          this case, petitioner conceded $1,000 of the Sept. 14, 1993                  
          alleged MZ Trading-related deposit, on the instant record, we                
          find that petitioner has failed to carry his burden of establish-            
          ing that $1,000 of that deposit is not taxable to him.                       





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