- 11 -
and filed its Federal income tax returns using the cash method.
For FYE 1995, petitioner had gross receipts of $82,693,253 and
cost of operations of $78,340,960. For FYE 1996, petitioner had
gross receipts of $76,677,330 and cost of operations of
$72,745,121. For FYE 1997, petitioner had gross receipts of
$86,123,392 and cost of operations of $81,561,495.
Discussion
I. Evidentiary Issue
Attached to petitioner’s opening brief are exhibits which
were not included in the stipulation of facts and exhibits
submitted pursuant to Rule 122. Petitioner’s requests for
findings of fact and argument refer to these exhibits.
The submission of a case without trial under Rule 122(a)
does not alter the requirements otherwise applicable to adducing
proof. Rule 122(b). Statements in briefs do not constitute
evidence. Rule 143(b); Evans v. Commissioner, 48 T.C. 704, 709
(1967), affd. per curiam 413 F.2d 1047 (9th Cir. 1969); Chapman
v. Commissioner, T.C. Memo. 1997-147; Berglund v. Commissioner,
T.C. Memo. 1995-536. Accordingly, the additional exhibits
attached to petitioner’s briefs are not part of the record and
will not be considered by the Court.
II. Burden of Proof
Petitioner appears to argue that respondent bears the burden
of proof on the issue of whether petitioner must maintain
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011