- 14 - petitioner's ventures did not reach the requisite level of activity, as interpreted by the Court of Appeals for the Fifth Circuit, to be considered engaged in a trade or business. Cf. Suburban Realty Co. v. United States, supra at 174 (taxpayer made 244 sales over a 32-year period); Biedenharn Realty Co. v. United States, supra at 411-412 (taxpayer sold 208 lots and 12 individual parcels from subdivision in question over 31-year period); United States v. Winthrop, supra at 907 (taxpayer sold 456 lots over a 19-year period). Petitioner testified that since he went into real estate, in approximately 1960, he had bought and sold approximately 45 unimproved properties and 186 improved properties. Petitioners assert that this supports the proposition that petitioner had frequent and substantial sales of real property over his entire business career. We disagree. Petitioners attached to their brief three appendices listing the above referenced unimproved and improved properties. Respondent attached to the reply brief petitioners' answers to respondent's interrogatories in order to refute the appendices. Statements in briefs, however, do not constitute evidence and cannot be used as such to supplement the record. Rule 143(b); Niedringhaus v. Commissioner, 99 T.C. 202, 214 n.7 (1992). After 6 We note that two of these 18, about which petitioner testified, are not improved properties, but failed startup businesses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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