- 11 - this is a new issue that was not raised at the hearing, and therefore it is not subject to review by the Court pursuant to Magana v. Commissioner, 118 T.C. 488 (2002). We disagree. Petitioner raised this issue at the hearing, and it is properly before the Court. Petitioner presented no documentary evidence to support his testimony that he submitted to the IRS the alleged checks that he claims were not applied to his account.2 The Court is not required to accept petitioner’s unsubstantiated testimony. See Wood v. Commissioner, supra. As stated supra, we found petitioner’s testimony to be general, vague, conclusory, and/or questionable in certain material respects. Under the circumstances presented here, we are not required to, and generally do not, rely on petitioner’s testimony to conclude that he submitted any of these three checks to respondent or that respondent failed to apply these amounts to petitioner’s account. See Lerch v. Commissioner, supra; Geiger v. Commissioner, supra; Tokarski v. Commissioner, supra. 2 Petitioner attached to his posttrial brief documents to support his claim that payments were not appropriately applied to his account. Evidence must be submitted at trial; documents attached to briefs and statements therein are not evidence. Rule 143(b); Lombard v. Commissioner, T.C. Memo. 1994-154 n.3, affd. without published opinion 57 F.3d 1066 (4th Cir. 1995); Wicker v. Commissioner, T.C. Memo. 1993-431 n.15, affd. without published opinion 50 F.3d 12 (8th Cir. 1995). Accordingly, we disregard these documents in reaching our decision.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011