- 94 - 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.Page: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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