- 85 - Association that he later repaid. In support of that contention, petitioner relies on his self-serving testimony, on which we are not required to, and we shall not, rely.37 On the record before us, we find that petitioner has failed to carry his burden of establishing that the June 26, 1992 deposit at issue represented a personal loan from Amuke Business Association. With respect to the August 28, 1992 deposit at issue of $15,896, petitioner contends that $3,000 of that deposit, which we have found was derived from a $3,000 check from Commonwealth Enterprises dated August 27, 1992, represented a personal loan from Mr. Averbach who, along with Mr. Ferrer, participated with Mr. Vulis in operating Amuke Group. In support of that conten- tion, petitioner relies on his self-serving testimony, on which we are not required to, and we shall not, rely.38 On the record 37We note that, when questioned about the two checks total- ing $7,000 from Amuke Business Association to petitioner, Mr. Vulis, who at all relevant times was familiar with the activities of that association, was unable to recall the purpose for which Amuke Business Association issued those checks. Petitioner failed to offer into evidence any credible documentary evidence regarding the alleged $7,000 loan from Amuke Business Association. We infer from petitioner’s failure to proffer any such documentary evidence 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. 38We note that petitioner did not call Mr. Averbach as a witness and did not elicit any testimony from Mr. Vulis, who at all relevant times was associated with Commonwealth Enterprises, with respect to the purpose for which Commonwealth Enterprises issued the $3,000 check to petitioner. Nor did petitioner offer into evidence any credible documentary evidence regarding the (continued...)Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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