- 95 - 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.Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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