Estate of Frank Johnson - Page 167




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          2 days later by warranty deed for $40,000.  The settlement                  
          statement indicated a remaining balance on the mortgage loan of             
          $11,033 and sales expenses of $4,990.                                       
               Petitioners bear the burden of proof in this issue.  Rule              
          142(a).  The record, however, does not establish a filial                   
          relationship between Frank and the Patricia Johnson who                     
          transferred that property to Frank or the circumstances relating            
          to her transfer of the property to Frank during 1989.  See supra            
          note 18.  This Court does not consider statements in briefs to be           
          evidence.  See Niedringhaus v. Commissioner, 99 T.C. 202, 204 n.7           
          (1992); Evans v. Commissioner, 48 T.C. 704, 709 (1967), affd. per           
          curiam 413 F.2d 1047 (9th Cir. 1969).  Patricia did not testify             
          at trial; therefore, there is no proof in the record that Frank’s           
          daughter gifted property to him.  The presumption is that her               
          testimony would be unfavorable to petitioners.  See Wichita                 
          Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946),            
          affd. 162 F.2d 513 (10th Cir. 1947).  Thus, we agree with                   
          respondent that petitioners have not shown a basis in the                   
          property greater than the amount allowed by respondent or a                 
          holding period greater than 2 days.  Accordingly, we sustain                
          respondent’s determination on this issue.                                   
               E.  Taxable Social Security Benefits                                   
               Respondent contends that Frank and Katherine’s taxable                 
          Social Security income for the years in issue should be increased           
          as follows:                                                                 




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