- 84 - 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.Page: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Next
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