Zinovy Brodsky - Page 143




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          not, rely.36  On the record before us, we find that petitioner              
          has failed to carry his burden of establishing that the April 30,           
          1992 deposit at issue represented a personal loan from Mr.                  
          Ferrer.                                                                     
               With respect to the June 26, 1992 deposit at issue of                  
          $7,000, petitioner contends that that deposit, which we have                
          found was derived from two checks from Amuke Business Association           
          totaling $7,000, represented a personal loan from Amuke Business            


               36Assuming arguendo that petitioner had established that Mr.           
          Ferrer’s funds were used to purchase the $15,000 Great Western              
          Bank cashier’s check in question, on the instant record, we find            
          that petitioner has failed to carry his burden of showing that              
          that cashier’s check represented a loan to petitioner from Mr.              
          Ferrer.  To support his contention that that check represented a            
          loan, petitioner relies on his self-serving testimony and the               
          testimony of Mr. Vulis.  We are not required to, and we shall               
          not, rely on petitioner’s testimony.  Although Mr. Vulis testi-             
          fied that Mr. Ferrer made a $15,000 loan to petitioner and                  
          although we found Mr. Vulis to be credible on that point, his               
          testimony does not establish the date of that loan, nor does his            
          testimony show that the $15,000 Great Western Bank cashier’s                
          check that was used to make the Apr. 30, 1992 deposit at issue              
          represented the loan from Mr. Ferrer to which Mr. Vulis was                 
          referring in his testimony.  As stated above, the only evidence             
          in the record as to whether that deposit was made with the                  
          proceeds of a $15,000 loan from Mr. Ferrer is petitioner’s self-            
          serving testimony, on which we are not required to, and we shall            
          not, rely.  We note that petitioner did not call Mr. Ferrer as a            
          witness and did not offer into evidence any credible documentary            
          evidence regarding the alleged loan from Mr. Ferrer.  We infer              
          from petitioner’s failure to call Mr. Ferrer that Mr. Ferrer’s              
          testimony would not have been favorable to petitioner’s conten-             
          tion that the $15,000 Great Western Bank cashier’s check that was           
          used to make the Apr. 30, 1992 deposit at issue represented a               
          loan from Mr. Ferrer.  We infer from petitioner’s failure to                
          proffer any credible documentary evidence regarding the alleged             
          $15,000 loan from Mr. Ferrer that any such evidence does not                
          exist and that, if any such evidence does exist, it would not               
          have substantiated petitioner’s position regarding that alleged             
          loan.                                                                       




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