Richard A. and Carol B. Little - Page 14

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          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,           





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