Howard L. Burris, Sr. and Barbara J. Burris - Page 14




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          Petitioners were required to include the interest and dividends             
          as part of their gross income, and they do not dispute that they            
          received such amounts.  We hold for respondent on this issue.               
          D.  Interest Deductions (Schedule A)                                        
               With respect to the tax years 1990 and 1991, respondent                
          argues that the deduction claimed as home mortgage interest is              
          actually investment interest and that petitioner is not entitled            
          to deduct (1) part of the interest pursuant to section 265(a)(2)            
          and (2) part of the interest pursuant to section 163(d).  In the            
          deficiency notice, respondent provided no such explanation for              
          the disallowance, nor did respondent specify whether the home               
          mortgage interest, investment interest, or a combination of the             
          two was disallowed.  Further, the amounts disallowed in the                 
          notice do not coincide with the amounts claimed on the return.              
          Respondent incorrectly classified the total claimed itemized                
          deductions as “interest expenses”.  One cannot tell from review             
          of the notice what was allowed or disallowed.  No further                   
          explanation is provided in the notice, nor did respondent provide           
          a breakdown of the items allowed and disallowed.                            
               Rule 142 provides:                                                     
                    (a) General:  The burden of proof shall be upon                   
               the petitioner, except as otherwise provided by statute                
               or determined by the Court; and except that, in respect                
               of any new matter, increases in deficiency, and                        
               affirmative defenses, pleaded in the answer, it shall                  
               be upon the respondent.  As to affirmative defenses,                   
               see Rule 39.                                                           






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