- 119 - 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...)Page: Previous 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Next
Last modified: May 25, 2011