- 82 - Date of Total Amount of Deposit Account Deposit Alleged Loan Alleged Lender 2/12/91 Petitioner’s UVW $14,195 $10,000 Mr. Dubrovsky and account Ms. Dubrovsky 4/30/92 Petitioner’s equity15,000 15,000 Mr. Ferrer line account 6/26/92 Petitioner’s equity7,000 7,000 Amuke Business line account Association 8/28/92 Petitioner’s UVW 15,896 3,000 Mr. Averbach account 12/15/92 Petitioner’s equity20,000 20,000 Mr. Syelsky line account 5/25/93 Petitioner’s equity30,000 30,000 Roman Kirdan line account With respect to the February 12, 1991 deposit in question of $14,195, petitioner contends that $10,000 of that deposit, which we have found was derived from a $10,000 check from Mr. Dubrovsky and Ms. Dubrovsky,32 represented a personal loan to him. In support of that contention, petitioner relies on his self-serving testimony, Mr. Dubrovsky’s testimony, and certain checks from petitioner to Mr. Dubrovsky that petitioner contends represented repayments of the alleged $10,000 loan.33 Based on the Court’s evaluation of the testimony of petitioner and of Mr. Dubrovsky, we are not required to, and we shall not, rely on their testimony regarding the February 12, 1991 deposit in question. See Lerch v. Commissioner, 877 F.2d 624, 631-632 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Geiger v. Commissioner, 440 F.2d 688, 689- 690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159; 32Although petitioner claims that the $10,000 check in question was from Mr. Dubrovsky, the record shows that the payors of that check were Mr. Dubrovsky and Ms. Dubrovsky. 33We note that the various checks that petitioner contends represented repayments of the alleged $10,000 loan total $9,525.Page: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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