Katrina L. Price - Page 13




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          return for 1993.  Petitioner contends that she timely filed her             
          1993 return.  We disagree.                                                  
               Petitioner stipulated and testified that she did not file a            
          1993 return.  She contends that we should ignore her stipulation            
          and trial testimony.  We disagree.  There is no evidence contrary           
          to her stipulation and testimony that she did not file a 1993               
          return.5                                                                    
               Petitioner attached to her answering brief a copy of a form            
          letter from respondent which shows her account information for              
          1993.  She contends that the form letter establishes that she               
          filed a return in 1993.  We disagree.  The form letter was not              
          admitted into evidence, and, even if it had been, it would not              
          establish that she filed a 1993 return.  The form letter shows              
          that she did not report any income, deductions, or tax for 1993.            
          It does not state that petitioner filed a return for 1993.                  
               Petitioner contends that respondent’s agent who sent her the           
          form letter told her that someone had erased all the numbers for            
          1993 to make it appear that she had not filed a 1993 return.                
          There is no evidence to support this contention.  Petitioner has            


               5  At trial, petitioner did not present any substantiation             
          or financial records.  In her answering brief, petitioner                   
          contends that she does not have records for 1993 because her                
          basement, where she stored her files, flooded in 1993.  There is            
          no testimony or other evidence to support this statement.  We do            
          not consider assertions of fact made in a party’s brief that are            
          not in evidence.  Rule 143(b); Kronish v. Commissioner, 90 T.C.             
          684, 695-696 (1988).                                                        





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