- 5 - whether petitioner's correct filing status for the taxable year 1989 was "single" or "married filing separate". As a preliminary matter, however, we must determine which party bears the burden of proof on this issue. Generally, the burden of proof is on the taxpayer. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Respondent bears the burden of proof, however, with respect to "any new matter, increases in deficiency, and affirmative defenses, pleaded in the answer". Rule 142(a). An assertion in an amended answer is treated as a new matter when it either increases the original deficiency or requires the presentation of different evidence. Wayne Bolt & Nut Co. v. Commissioner, 93 T.C. 500, 507 (1989); Achiro v. Commissioner, 77 T.C. 881, 890 (1981). The assertion of a new theory that merely clarifies or develops the original determination is not a new matter in respect of which respondent bears the burden of proof. Wayne Bolt & Nut Co. v. Commissioner, supra; Achiro v. Commissioner, supra; Estate of Jayne v. Commissioner, 61 T.C. 744, 748-749 (1974). In her notice of deficiency, respondent determined a deficiency in petitioner's income tax of $40,012 and an accuracy- related penalty of $7,949. On April 6, 1994, respondent filed a Motion for Leave to File an Amendment to Answer, which this Court granted. In her amended answer, respondent asserted a deficiency in petitioner's income tax of $42,583 and an addition to tax of $8,463 based on respondent's revised determination thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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