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or 1992, he testified that the only transactions in which he had
engaged with petitioner consisted of a $20,000 loan and a $30,000
advance. Moreover, as discussed supra note 39, the parties
stipulated that Mr. Syelsky gave petitioner his $20,000 check
that was used to make the December 15, 1992 deposit at issue.
Based on Mr. Syelsky’s testimony with respect to a $20,000 loan
to petitioner, which we found to be credible, and that stipula-
tion, we are persuaded that Mr. Syelsky lent $20,000 to peti-
tioner that was used to make the December 15, 1992 deposit at
issue. On the record before us, we find that the December 15,
1992 deposit at issue represented a personal loan from Mr.
Syelsky.
With respect to the May 25, 1993 deposit at issue consisting
of a $30,000 cash payment against the balance due on petitioner’s
equity line account, petitioner contends that that deposit
represented a personal loan from Roman Kirdan (Mr. Kirdan)40 for
the purchase of electronic equipment such as TVs and VCRs.
Petitioner also contends inconsistently that the $30,000 used to
40Petitioner contends that the source of the May 25, 1993
deposit at issue was Mr. Kirdan, who petitioner claims operated
East-West at all relevant times and who used that business’ bank
account to withdraw the funds used in making that deposit.
However, the parties stipulated, and we have found, that on May
25, 1993, petitioner deposited $30,000 into petitioner’s equity
line account as a payment against the balance due on that account
and that the sources of that payment were East-West and Mr.
Guterman. To the extent that petitioner is arguing that we
should disregard that stipulation, we decline to do so because we
do not find it to be clearly contrary to the facts that we have
found are established by the record. See Cal-Maine Foods, Inc.
v. Commissioner, supra at 195.
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