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pages. For example, a “Business Lending Agreement” relating to
the $197,050 Wells Fargo loan to PGI in 2000, presumably a three-
page document, is missing page two, the key page which would
appear to have detailed how the $197,050 loan proceeds were
disbursed. Further, the bank records which were produced at
trial relate only to the existence and repayment of loans in
which petitioner allegedly participated but do not indicate that
a transfer was ever made by petitioner to Garza or by Garza to
Adrical on petitioner’s behalf.
Even if originals of certain of the documents relating to
petitioner’s alleged stock investment in Adrical were lost, as
petitioner contends, we are not satisfied that copies or other
relevant documentation from either Wells Fargo, PGI, Garza, or
Adrical were unavailable.
The credible evidence does not establish that Garza, on
petitioner’s behalf, ever contributed any funds to Adrical. In
fact, Adrical was not incorporated until September of 1998, more
than a year after the time petitioner allegedly transferred funds
to Garza for Garza to invest in Adrical on petitioner’s behalf.
Also, petitioner has not offered any corporate or public
records corroborating that he had an ownership interest in
Adrical. Without such evidence, the record simply does not
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Last modified: May 25, 2011