Zinovy Brodsky - Page 141




                                        - 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

Last modified: May 25, 2011