Zinovy Brodsky - Page 39




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          and the production of income that petitioner concedes that he                
          used that account at least partially for personal purposes.                  
               In support of his contention that he used petitioner’s                  
          equity line account primarily for business and the production of             
          income, petitioner relies on his self-serving testimony, on which            
          we are not required to, and we shall not, rely.  Assuming                    
          arguendo that petitioner had established that he used peti-                  
          tioner’s equity line account primarily for business and the                  
          production of income, on the instant record, we find that peti-              
          tioner has failed to carry his burden of showing that he is                  
          entitled to deduct the respective amounts of interest payments on            
          petitioner’s equity line account that he made during 1991 and                
          1992.  In this connection, we find on that record that petitioner            
          has failed to establish the portion, if any, of petitioner’s                 
          equity line account that he used during 1991 and 1992 for busi-              
          ness and/or income-producing activities and to allocate the                  
          interest payments at issue for purposes of applying sections                 
          163(d) and (h) and 469.  See sec. 1.163-8T, Temporary Income Tax             
          Regs., 52 Fed. Reg. 24999 (July 2, 1987).                                    
               With respect to the $1,250 of alleged interest that remains             
          at issue, petitioner contends that his $1,250 check dated July               
          13, 1992, which was payable to Mr. Kroma, drawn on petitioner’s              
          equity line account, and signed by petitioner (petitioner’s July             
          13, 1992 check), represented a payment of 2 months’ interest on a            
          $50,000 loan from Mr. Kroma to UVW.  In support of that conten-              
          tion, petitioner relies on his self-serving testimony, on which              






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