Zinovy Brodsky - Page 123




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          petitioner’s line of credit account that had been included [in]             
          MZ Trading Company’s 1993 partnership taxable income.”19                    
               We shall not allow petitioner to change on brief the purpose           
          for which he offered Mr. Oliveras’ summary at the further trial             
          in this case.  Even if we were to admit Mr. Oliveras’ summary               
          into the record for the truth of its contents, that summary does            
          not establish as facts what petitioner contends it establishes.             
          Petitioner relies on the following statements of Mr. Oliveras               
          that appear at the bottom of the second page of Mr. Oliveras’               
          summary:  “The bank deposit analysis reflects less deposits than            
          the gross receipts reported on the return.  This is an indication           
          of receipts being shifted to other accounts or kept on hand by              
          * * * [MZ Trading]”.  According to petitioner, the foregoing                
          statements establish that certain deposits into one or more of              
          petitioner’s accounts were included in MZ Trading’s taxable                 
          income for 1993.  We disagree.  The statements of Mr. Oliveras on           
          which petitioner relies show only that Mr. Oliveras believed                
          that, because the bank deposits analysis that he performed for              
          1993 with respect to MZ Trading showed less deposits of MZ                  


               19On brief, petitioner also relies on Mr. Oliveras’ summary            
          in order to support petitioner’s contention that during 1993 he             
          made a capital contribution of approximately $38,000 to MZ                  
          Trading.  Mr. Oliveras’ summary does not support petitioner’s               
          contention.  Mr. Oliveras’ summary identifies two amounts, i.e.,            
          $36,279 and $14,000, as capital contributions.  That summary does           
          not identify who made such capital contributions or when such               
          capital contributions were made.  Even if we were to admit Mr.              
          Oliveras’ summary into the record for the truth of its contents,            
          that summary does not establish that during 1993 petitioner made            
          a capital contribution of approximately $38,000 to MZ Trading.              




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