- 99 - With respect to the $15,000 cashier’s check issued by Home Savings of America cashed by petitioner on December 4, 1991, petitioner contends that that check represented a business loan from Mr. Reingatch.52 In support of that contention, petitioner relies on his self-serving testimony and three checks in the respective amounts of $7,500, $5,000, and $1,742, which he issued to Mr. Reingatch and which he contends represented repayments of the alleged $15,000 business loan from Mr. Reingatch. We are not required to, and we shall not, rely on petitioner’s testimony regarding the $15,000 cashier’s check in question. On the instant record, we are not persuaded that Mr. Reingatch provided the funds used to purchase that cashier’s check and that the three checks from petitioner to Mr. Reingatch, which total $14,242, represented repayments of the alleged $15,000 business loan from Mr. Reingatch.53 On the record before us, we find that 51(...continued) testimony from Mr. Vulis regarding the $5,000 check from that organization that petitioner contends represented a business loan from it. We infer from petitioner’s failure to elicit any such testimony that any such testimony would not have been favorable to petitioner’s position with respect to that alleged business loan. We also note that petitioner did not offer into evidence any credible documentary evidence establishing that the Jan. 14, 1994 deposit of $5,000 represented a business loan from Amuke Group. We infer from petitioner’s failure to proffer any such documentary evidence that any such documentary evidence does not exist and that, if any such documentary evidence did exist, it would not have substantiated petitioner’s position with respect to that alleged loan. 52According to petitioner, Mr. Reingatch was deceased as of the time of the further trial in this case. 53Petitioner could have issued the three checks to Mr. (continued...)Page: Previous 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Next
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