Zinovy Brodsky - Page 154




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          us, we find that petitioner has failed to carry his burden of                
          establishing that the August 7, 1992 transaction at issue repre-             
          sented a business loan from Amuke Group.                                     
               With respect to the September 11, 1992 deposit at issue of              
          $3,850, petitioner contends that that deposit, which we have                 
          found was derived from a $3,850 check from Commonwealth Enter-               
          prises, represented a business loan from Mr. Vulis.  In support              
          of that contention, petitioner relies on Mr. Vulis’ general and              
          conclusory testimony regarding the general business practice                 
          between Commonwealth Enterprises and petitioner, namely, gener-              
          ally Commonwealth Enterprises advanced petitioner the funds                  
          needed for petitioner to purchase merchandise that he had located            
          on its behalf and that it wanted to acquire for resale.  We are              
          not persuaded by that testimony of Mr. Vulis on which petitioner             
          relies that the $3,850 check from Commonwealth Enterprises                   
          represented a business loan from Mr. Vulis.49  On the record                 
          before us, we find that petitioner has failed to establish that              
          the September 11, 1992 deposit at issue represented a business               
          loan from Commonwealth Enterprises.                                          


               49We note that petitioner failed to question Mr. Vulis                  
          specifically with respect to the alleged $3,850 loan at issue.               
          We infer from petitioner’s failure to elicit any such testimony              
          that any such testimony would not have been favorable to peti-               
          tioner’s position regarding that alleged loan.  We also note that            
          petitioner failed to introduce any credible documentary evidence             
          showing that the $3,850 check from Commonwealth Enterprises                  
          represented a business loan from Mr. Vulis.  We infer from                   
          petitioner’s failure to offer 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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