Zinovy Brodsky - Page 51




                                       - 137 -                                         
          Markfel Realty negotiated.90  On the instant record, we find that            
          petitioner has failed to carry his burden of establishing his                
          basis in the Church Street property within the meaning of section            
          1012 and his adjusted basis in that property within the meaning              
          of section 1011(a).  On the record before us, we find that                   
          petitioner has failed to carry his burden of establishing                    



               89(...continued)                                                        
          from any other evidence in the record that Markfel Realty depos-             
          ited and/or cashed that check, nor do we know from the record the            
          date on which that check was negotiated.  For example, Markfel               
          Realty could have endorsed that check to petitioner, who in turn             
          deposited and/or cashed it.  We are not satisfied from the copy              
          of the front side of petitioner’s check to Markfel Realty dated              
          May 18, 1990, or from any other evidence in the record that that             
          check was ever negotiated.                                                   
               90Assuming arguendo that we had been persuaded that peti-               
          tioner’s two checks to Markfel Realty were negotiated by Markfel             
          Realty, on the instant record, we find that petitioner has failed            
          to carry his burden of showing that those checks represented                 
          funds paid by petitioner with respect to the Church Street                   
          property.  We have found that during the course of petitioner’s              
          dealings with Markfel Realty petitioner invested in several real             
          properties and that any checks which petitioner wrote to Markfel             
          Realty were for one or more of the following purposes:  Initial              
          respective investments in certain real properties, respective                
          increases in his investment interests in certain real properties,            
          and/or respective payments of his proportionate share of any                 
          expenditures with respect to such interests.  Assuming arguendo              
          that we had found that the copies of the front sides of peti-                
          tioner’s two checks to Markfel Realty were negotiated by Markfel             
          Realty, petitioner could have paid the proceeds of those checks              
          to Markfel Realty with respect to real properties other than the             
          Church Street property.  Even if we had been satisfied from the              
          instant record that the copies of the front sides of petitioner’s            
          two checks to Markfel Realty were negotiated by Markfel Realty               
          and that the proceeds of those checks were paid to Markfel Realty            
          with respect to the Church Street property, petitioner could have            
          paid those proceeds in order to invest in, to increase his                   
          investment in, and/or to pay his proportionate share of any                  
          expenditures with respect to that property.                                  





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