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January 21, 1988, petitioner knew that IL NA Tours owed Northwest
significantly more than the amount set forth in the January
agreement.
Under the January agreement, petitioner, as president and
owner of IL NA Tours, agreed to pay Northwest $62,155 per week
toward the back debt. Those payments were to be in addition to
any current amount petitioner’s corporations owed Northwest for
ticket sales, in order for them to be current by the end of 1988.
IL NA Tours made at least seven payments of $62,155 each
between February 2 and March 18, 1988.12 Neither petitioner nor
any NA Tours company made any payments to Northwest under the
January agreement after March 18, 1988.
Transfers Out of Corporate Accounts Into the Sam Han Account in
1988
On January 19 and 20, 1988, immediately before executing the
January agreement, petitioner withdrew $100,000 and $200,000,
respectively, from IL NA Tours’ Albank No. 1 account and placed
12 We cannot determine from the record the source from which
IL NA Tours obtained the funds to make these payments to
Northwest. Petitioner contends on brief that the funds he
returned from his FCIS account to IL NA Tours’ Albank No. 1
account were used to meet the corporation’s obligations to
Northwest. The record, however, does not show that the funds
returned to Albank No. 1 from the FCIS account were used to make
those payments to Northwest. Statements in briefs are not
evidence, and they cannot be used as such to supplement the
record. See, e.g., Rule 143(b); Niedringhaus v. Commissioner, 99
T.C. 202, 214 n.7 (1992).
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