Estate of Frank Johnson - Page 153




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          proceeds they claim Frank received for those vehicles.  We agree            
          with respondent that petitioners have not established in the                
          record that the transactions occurred, or, if they did occur, the           
          amount of trade-in allowance or sales proceeds received.                    
          Statements in briefs are not evidence, and they cannot be used as           
          such to supplement the record.  See, e.g., Rule 143(b);                     
          Niedringhaus v. Commissioner, 99 T.C. 202, 214 n.7 (1992).  Thus,           
          we agree with respondent that no adjustment is required for                 
          additional proceeds from automobile transactions, and we hold               
          accordingly.                                                                
                    4.  Adjustments for Larry’s Audit Results                         
               Petitioners contend that respondent failed to adjust Larry’s           
          source and application of funds analyses for 1989 and 1990 to               
          account for unreported income he agreed to include in his income            
          for those years pursuant to the settlement of docket No. 20854-             
          94.  See infra Appendices (H), (I).  Petitioners assert that an             
          adjustment to Larry’s source and application of funds analyses              
          for unreported income for 1989 and 1990 would result in a                   
          corresponding reduction to the $38,018 and $43,404 “gifts to                
          Larry” respondent included as applications of funds by Frank and            
          Katherine for those years.  Respondent asserts that an adjustment           
          to Larry’s source and application of funds analyses for 1989 and            
          1990 for unreported income cannot be made because the record does           
          not show to what extent, if any, the settlement related to any              






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