Harlan D. Edwards and Floors by Harlan, Jody Edwards, Trustee - Page 18

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               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...)           




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