22 the purchase and sale of petitioners' real property in Brazil. Petitioner-husband did not define the phrase the "difference of the sales". As discussed below, we find that petitioners had $326,939 in cash in December 1989. Petitioner-husband testified that he sold the Rua Jose Jorge Farah property for $150,000 and the house at Rua Madre Maria Santa Margarida for $140,000. Respondent points out that these amounts are inconsistent with the amounts petitioners reported on their 1986 Brazilian return. We agree. Petitioner-husband reported that he sold the Rua Jose Jorge Farah property for Cr$ 1,660,000 ($119,942) and the Rua Madre Maria Santa Margarida house for Cr$ 1,972,600 ($135,667) on petitioners' 1986 Brazilian return. Statements in a U.S. Federal tax return are admissions under Rule 801(d)(2) of the Federal Rules of Evidence and will not be overcome without cogent evidence that they are wrong. Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam T.C. Memo. 1968-126; Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989); Lare v. Commissioner, 62 T.C. 739, 750 (1974), affd. without published opinion 521 F.2d 1399 (3d Cir. 1975). In signing the Brazilian return, petitioner-husband attested to its truth. We believe it is appropriate to apply this doctrine to petitioners' Brazilian returns. Thus, we find that petitioners sold the Rua Jose Jorge Farah property for $119,942 and the RuaPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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