- 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.
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