Shigenori Kudo and Motomi Kudo, et al. - Page 44

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          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 the               




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