- 11 - and T.C. Memo. 1992-616; Banks v. Commissioner, 322 F.2d 530, 537 (8th Cir. 1963), affg. in part and remanding in part on another ground T.C. Memo. 1961-237. Petitioner’s testimony was implausible. She was not consistent in explaining how she allegedly deposited and repaid photo shop funds. She testified about only one instance in which she repaid the photo shop. Describing that instance, she testified that she repaid the photo shop with a $2,000 check that was paid on March 24, 1993. However, that check was paid to American Express rather than to the photo shop. The record contains no checks written by petitioner to the photo store.4 Petitioner contends for the first time in her answering brief that the payments and transfers to credit card and bank card companies that correspond to her large deposits were for the photo store because the charges on those cards were for photo store expenses. She contends that the photo store gave her the money that she deposited in her accounts to pay those bank and credit card bills. Petitioner’s statement in her answering brief is not evidence; we can base our findings only on properly admitted evidence. Sec. 7453; Rule 143; Kronish v. Commissioner, 90 T.C. 684, 695-696 (1988); United States v. State of 4 Even if there were checks written to petitioner that she cashed for the photo store, the result would not change because respondent did not include in the bank deposits analysis any deposits for which there were corresponding checks to petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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