Zinovy Brodsky - Page 153




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          alleged $26,250 business loan from Amuke Business Association.               
          On the record before us, we find that petitioner has failed to               
          carry his burden of establishing that the June 30, 1992 transac-             
          tion at issue represented a business loan from Amuke Business                
          Association.                                                                 
               With respect to the August 7, 1992 transaction at issue                 
          consisting of a $7,720 deposit and $150 in cash that petitioner              
          received, petitioner contends that that deposit and that cash,               
          which we have found were derived from a $7,870 check from Amuke              
          Group, represented a business loan from that organization for the            
          purchase of certain candy.  In support of that contention,                   
          petitioner relies on his self-serving testimony, on which we are             
          not required to, and we shall not, rely.48  On the record before             


               47(...continued)                                                        
               Assuming arguendo that the record had established that                  
          Carvis Discount deposited and/or cashed the $16,000 Bank of                  
          America cashier’s check payable to it, on that record, we find               
          that petitioner has failed to carry his burden of establishing               
          that Carvis Discount received the proceeds of that check in                  
          connection with the purchase of certain cigarette lighters with              
          respect to which Amuke Business Association allegedly lent                   
          petitioner $26,250.                                                          
               48We note that petitioner failed to elicit from Mr. Vulis,              
          who at all relevant times was involved in the operations of Amuke            
          Group, any testimony with respect to the alleged $7,870 loan from            
          Amuke Group.  We infer from petitioner’s failure to elicit any               
          such testimony 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 regarding              
          the alleged $7,870 loan from Amuke Group.  We infer from peti-               
          tioner’s failure to proffer any such documentary evidence that               
          any such documentary evidence does not exist and that, if any                
          such evidence does exist, it would not have substantiated peti-              
          tioner’s position with respect to that alleged loan.                         




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