- 18 - With respect to the cash gross receipts from the flooring business purportedly conducted by Floors Trust, respondent computed cash gross receipts for 1998 as equal to the sum of all deposits ($93,831) into the checking account maintained by Harlan and Jody in the name of Floors Trust. Petitioners have stipulated that the gross receipts from Floors Trust’s business were deposited into that account, and Harlan further testified that the deposits represented income from the business activities of Floors Trust. While petitioners claim, for the first time on brief, that they had business records substantiating gross receipts (such that respondent need not have resorted to a bank deposits analysis), no such records were offered as evidence at trial. Petitioners also claim, for the first time on brief, that $3,000 of the deposits represented loans from Jody to the business. No evidence was offered at trial to support this claim, even though Jody was present and sworn as a witness (in addition to Harlan). Unsupported statements in a brief and exhibits that have not been admitted into evidence do not constitute competent evidence. Rule 143(b); Niedringhaus v. Commissioner, 99 T.C. 202 (1999); Viehweg v. Commissioner, 90 T.C. 1248 (1988); Castro v. Commissioner, T.C. Memo 2001-115. Petitioners do not further contest respondent’s reconstruction.11 11 On brief, petitioners allege that the total deposits for 1998 were $87,845.97, as compared to respondent’s figure of (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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