- 44 - Accordingly, petitioners have failed to prove Akiko's cash hoard constituted a nontaxable source for the unexplained bank deposits. Specific Checks Petitioners suggest in their brief that deposits from Motomi made during 1988, 1989, and 1990 were reimbursements for money Akiko gave her for purchases, that deposits from U.S.A. Publishing made in 1988 and 1989 were loan repayments made on a loan the Takaos made to that entity in 1982, that the deposit from California Physicians in 1990 was a refund for a medical payment, and that the deposit from Alameda County in 1991 was some type of refund. This Court does not consider statements in brief as proof. Rule 143(b); Niedringhaus v. Commissioner, 99 T.C. 202, 214 n.7 (1992); Viehweg v. Commissioner, 90 T.C. 1248, 1255 (1988); Evans v. Commissioner, 48 T.C. 704, 709 (1967), affd. per curiam 413 F.2d 1047 (9th Cir. 1969). Petitioners presented no evidence at trial in support of their contentions that the deposits were made for the reasons asserted. Accordingly, petitioners have not established that those deposits came from a nontaxable source. Petitioners suggest on brief that the checks from Toraya Apartments deposited in 1988, 1990, and 1991 were rental income that was reported already on the Takaos' returns for those years. The record shows that Toraya Apartments was a partnership of which Nakamura was the managing general partner, and that thePage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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