Katrina L. Price - Page 11




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          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.           






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