Zinovy Brodsky - Page 151




                                        - 92 -                                         
               With respect to the June 30, 1992 transaction at issue                  
          consisting of a $26,000 deposit and $250 in cash that petitioner             
          received, petitioner contends that that deposit and that cash,               
          which we have found were derived from a $26,250 check from Amuke             
          Business Association, represented a business loan from that                  
          association with respect to his purchase of certain cigarette                
          lighters on July 20, 1992, when he tendered $16,000 to Carvey’s              
          Discount.  In support of that contention, petitioner relies on               
          (1) his self-serving testimony, (2) a document entitled “COMMER-             


               45(...continued)                                                        
          occur, and he repaid Amuke Business Association $31,167.50 as                
          evidenced by a check dated May 19, 1992.  To support petitioner’s            
          contentions, petitioner relies on his self-serving testimony and             
          on an entry in a statement for petitioner’s equity line account,             
          which shows that on May 19, 1992, a check for $31,167.50 was                 
          drawn on that account (May 19, 1992 withdrawal).  We are not                 
          required to, and we shall not, rely on petitioner’s testimony                
          regarding the May 12, 1992 deposit in question.  On the instant              
          record, we find that petitioner has failed to carry his burden of            
          showing that Amuke Business Association received the May 19, 1992            
          withdrawal that is reflected in a statement for petitioner’s                 
          equity line account.  Even if petitioner had made such a showing,            
          we find on the record before us that petitioner has failed to                
          carry his burden of establishing that that withdrawal represented            
          a repayment to Amuke Business Association of a business loan that            
          it had made to petitioner.  We note that petitioner did not                  
          elicit any testimony from Mr. Vulis regarding petitioner’s                   
          contention that Amuke Business Association made a $31,167.50                 
          business loan to petitioner on May 11, 1992.  We infer from                  
          petitioner’s failure to elicit any such testimony with respect to            
          the alleged business loan that any such testimony would not have             
          been favorable to petitioner’s position regarding that alleged               
          loan. We also note that petitioner did not offer into evidence               
          any credible documentary evidence supporting his position that               
          $31,167.50 of the May 12, 1992 deposit in question represented a             
          business 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.                                        




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