- 14 - illegal political campaign contributions. On November 8, 1989, Patrick King, a former vice chairman of Vernon's board of directors, was convicted of making false entries in Vernon books, reports, and statements, and of using Vernon funds to make illegal campaign contributions. On April 10, 1990, Lemons was convicted of misapplying Vernon funds and accepting a bribe. Petitioner was not indicted for or convicted of any crimes relating to Vernon. OPINION A. Burden of Proof We first decide whether respondent's contention that petitioners' worthless stock deduction for Dondi Financial stock in 1987 was taken in the wrong year is new matter on which respondent bears the burden of proof. 1. Burden of Proof If Respondent Raises New Matter or An Increased Deficiency in An Amended Answer The taxpayer generally bears the burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). However, if the Commissioner pleads new matter or an increased deficiency in the answer, the Commissioner has the burden of proof as to the new matter or increased deficiency. Rule 142(a). A new position taken by the Commissioner is not new matter if it clarifies and is consistent with the original determination and does not increase the deficiency. Estate of Jayne v. Commissioner, 61 T.C. 744, 748-749 (1974); McSpadden v. Commissioner, 50 T.C. 478,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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