Zinovy Brodsky - Page 158




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               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...)           




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