Patrick G. & Valerie V. O'Malley - Page 31




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          [petitioners]”.  Mr. O’Malley’s testimony does not explain why               
          and how petitioners received those loan proceeds if, as petition-            
          ers contend, Kevin O’Malley was to, and did, contribute $200,000             
          of such proceeds to the alleged venture.28  By way of further                
          illustration, Mr. O’Malley’s testimony was general, vague,                   
          conclusory, and incomplete with respect to the terms of the                  
          purported $54,400 loan from Kevin O’Malley to petitioners.  His              
          testimony does not establish with respect to that loan, inter                
          alia, (1) the interest rate, (2) the term, (3) the schedule for              
          payments, or (4) whether it was secured.  As a final illustration            
          of why we shall not rely on Mr. O’Malley’s testimony regarding               
          the alleged venture, including the purported $54,400 loan, Mr.               
          O’Malley testified that during February 2000 to November 2001                
          petitioners issued to Kevin O’Malley checks totaling $7,407.40.              
          Petitioners claim that such checks were payments with respect to             
          the purported $54,400 loan from Kevin O’Malley to petitioners.               
          Mr. O’Malley did not explain why petitioners made no additional              
          payments with respect to that purported loan until June 3, 2003,             
          the date on which petitioners contend they repaid the purported              
          $54,400 loan.                                                                
               On the record before us, we find that petitioners have                  


               28Petitioners do not claim, and the record does not show,               
          that at the time of the December 2, 1999 transaction the alleged             
          venture lent petitioners $200,000 or otherwise distributed such              
          amount to them.                                                              






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