Zinovy Brodsky - Page 31




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          not required to, and we shall not, rely.76  On the record before             
          us, we find that petitioner has failed to carry his burden of                
          establishing that the September 7, 1993 deposit at issue repre-              
          sented a repayment of a loan that petitioner had made to Mr.                 
          Guterman’s wife.                                                             
          Claimed Cost of Goods Sold                                                   
               In the notice for 1991 and 1992 and the notice for 1993,                
          respondent disallowed for those three years claimed Schedule C               
          cost of goods sold of $12,849, $113,935, and $54,337, respec-                
          tively.                                                                      
               Petitioner contends that respondent erred in disallowing                
          $12,130 and $57,084 of claimed Schedule C cost of goods sold for             
          1991 and 1992, respectively.77                                               

               76Petitioner failed to question Mr. Guterman about why he               
          made the $3,000 payment to petitioner, which was the source of               
          the Sept. 7, 1993 deposit at issue.  Even if petitioner had                  
          questioned Mr. Guterman about that payment, we would not have                
          been required to rely on Mr. Guterman’s testimony.  Petitioner               
          failed to call Mr. Guterman’s wife regarding petitioner’s allega-            
          tion that he lent her $3,000.  We infer from petitioner’s failure            
          to call Mr. Guterman’s wife that her testimony would not have                
          been favorable to petitioner’s position.  Petitioner failed to               
          offer into evidence any credible documentary evidence showing                
          that he lent $3,000 to Mr. Guterman’s wife prior to the date on              
          which petitioner claims Mr. Guterman repaid that alleged loan.               
          We infer from petitioner’s failure to proffer any such documen-              
          tary evidence that any such evidence does not exist and that, if             
          any such evidence does exist, it would not have substantiated                
          petitioner’s position with respect to the Sept. 7, 1993 deposit              
          at issue.                                                                    
               77Petitioner also argues that respondent failed to sustain              
          respondent’s burden of proof with respect to the additional                  
          $42,913 of the cost of goods sold for 1993 that respondent                   
          alleged should be disallowed in respondent’s amendment to answer.            
                                                              (continued...)           





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