- 81 - 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 anyPage: Previous 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Next
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