- 95 - 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:Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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