Zinovy Brodsky - Page 129




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          6663(a) on which respondent has the burden of proof, sec.                   
          7454(a); Rule 142(b), petitioner has the burden of proof on the             
          determinations in the notices that remain at issue, see Rule                
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  In this              
          connection, with respect to the deductions claimed by petitioner,           
          deductions are strictly a matter of legislative grace, and                  
          petitioner bears the burden of proving that he is entitled to any           
          deductions claimed.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79,            
          84 (1992).                                                                  
          The Court’s Evaluation of Evidence                                          
          in the Record on Which the Parties Rely                                     
               Both petitioner and respondent rely on certain testimonial             
          and documentary evidence to support their respective positions on           
          the various issues in this case.                                            
               Testimonial Evidence                                                   
               At the trial, respondent called Ms. Rodegeb and Ms. Martin             
          as witnesses, and petitioner called himself and Mr. DiBernardo as           
          witnesses.  At the further trial, respondent called no witnesses,           
          and petitioner called himself, Dan J. Jordan (Mr. Jordan), Ms.              
          Rodegeb, Ms. Martin, Mr. Raja, Mr. Syelsky, Mr. Vulis, Mr.                  
          Dubrovsky, Mr. Sutton, Mr. Oliveras, and Mr. Guterman as wit-               
          nesses.                                                                     
               We note initially that throughout much of the examination of           
          certain of petitioner’s witnesses at the further trial peti-                
          tioner’s counsel asked leading questions, to which respondent               
          objected on numerous occasions.  The pervasiveness of such                  
          leading questions during the examination of certain of peti-                





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