- 8 - Johnson's finances. We have carefully reviewed the entire stipulated record in this case and disagree with petitioner's summation of the evidence. Statements in petitioner's brief are not evidence, and we disregard them in making our decision. See Rule 143(b); Bialo v. Commissioner, 88 T.C. 1132, 1140 (1987). The facts in evidence probative on the issue of knowledge reveal that Ms. Johnson knew Mr. Johnson owed the Internal Revenue Service $30,000 as of January 8, 1988. On that date, which preceded each of the five disbursements at issue, Ms. Johnson signed and filed Mr. Johnson’s inheritance tax return for the Commonwealth of Pennsylvania. The return specifically stated that Mr. Johnson owed $30,000 to the Internal Revenue Service.4 Ms. Johnson should have faithfully discharged her duties as personal representative and paid the Internal Revenue Service the $30,000 debt of which she was aware. Petitioner also advances on brief several peripheral arguments, none of which are meritorious. We reject petitioner's suggestion that no personal liability can attach to Ms. Johnson or her estate because the United States did not file a claim for the taxes in the Probate Court. See New v. Commissioner, supra at 677. We also reject petitioner's suggestion that the amounts 4While that return did not specify the year(s) and type of taxes owed by Mr. Johnson, there is no evidence in this record that Mr. Johnson owed any other taxes to the Internal Revenue Service except for the ones at issue herein.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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