Zinovy Brodsky - Page 152




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          CIAL INVOICE” dated July 11, 1992, that shows “AMUKE Group of                
          Companies” under the heading “Importer/Exporter” and the sale of,            
          inter alia, 12,144 “Lighters” for $24,288, and (3) a copy of the             
          front side of the purchaser’s copy of a $16,000 Bank of America              
          cashier’s check dated July 20, 1992, that was payable to Carvis              
          Discount.  We are not required to, and we shall not, rely on the             
          testimony of petitioner regarding the alleged $26,250 business               
          loan.46  Moreover, we find that the document entitled “COMMERCIAL            
          INVOICE” does not show (1) that petitioner (or UVW) was involved             
          in the purchase of the lighters reflected in that document and               
          (2) that Amuke Business Association lent money to petitioner to              
          purchase such lighters.  Nor do we find that the copy of the                 
          front side of the purchaser’s copy of the $16,000 Bank of America            
          cashier’s check dated July 20, 1992, that was payable to Carvis              
          Discount,47 establishes petitioner’s position with respect to the            

               46We note that Mr. Vulis testified that he had no recollec-             
          tion of the purpose of the $26,250 check from Amuke Business                 
          Association to petitioner.  We also note that petitioner did not             
          offer into evidence any credible documentary evidence showing                
          that the $26,250 check from Amuke Business Association repre-                
          sented a business loan from that 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 with respect to that alleged loan.                                  
               47We are not satisfied from that copy, inter alia, that                 
          Carvis Discount deposited and/or cashed the $16,000 Bank of                  
          America cashier’s check payable to it dated July 20, 1992.  For              
          example, Carvis Discount could have endorsed that cashier’s check            
          to petitioner, who in turn deposited and/or cashed it.  In this              
          regard, as noted above, the record shows that on Apr. 28, 1992,              
          petitioner deposited into petitioner’s UVW account a $12,000 Bank            
          of America cashier’s check that was payable to Marcel Feldberg.              
                                                              (continued...)           




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