Zinovy Brodsky - Page 155




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               With respect to the September 23, 1992 transaction at issue             
          consisting of a $30,000 deposit and $375 in cash that petitioner             
          received, petitioner contends that that deposit and that cash,               
          which we have found were derived from a $30,375 check from Amuke             
          Group, represented a business loan from that organization for the            
          purchase of certain water filters.  In support of that conten-               
          tion, petitioner relies on the testimony of Mr. Vulis.  Mr. Vulis            
          identified the $30,375 check from Amuke Group and testified that             
          that check represented a loan to petitioner for the purchase of              
          water filters.  We found that testimony of Mr. Vulis to be                   
          credible.  On the record before us, we find that petitioner has              
          satisfied his burden of showing that the September 23, 1992                  
          transaction at issue represented a business loan from Amuke                  
          Group.                                                                       
               With respect to the December 15, 1992 deposit in question of            
          $30,100, petitioner contends that $30,000 of that deposit, which             
          we have found was derived from a $30,000 check from Mr. Syelsky,             
          represented a business loan from Mr. Syelsky.  In support of that            
          contention, petitioner relies on his self-serving testimony and              
          the testimony of Mr. Syelsky and of Mr. Vulis.  We are not                   
          required to, and we shall not, rely on petitioner’s testimony                
          regarding the $30,000 alleged loan.  Mr. Syelsky testified that              
          the $30,000 check that he issued to petitioner constituted a                 
          business loan, which Mr. Vulis guarantied and the proceeds of                
          which petitioner was to use to purchase certain candy on behalf              
          of Mr. Syelsky.  Mr. Syelsky further testified that, after he                






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