- 16 - In the amended answer, respondent asserted that petitioners were liable for an increased deficiency of $31,170 for 1987 because they were not entitled to deduct the $109,140 respondent had previously allowed for the Dondi Financial stock. In the amended answer, respondent asserted for the first time that, because Dondi Financial "became insolvent in a year earlier than 1987, * * * the stock in Dondi Financial Corp. became worthless no later than August 1, 1985". 4. Increased Deficiency and New Matter Under Rule 142 Respondent contends that the amended answer did not raise new matter for purposes of Rule 142 and that the notice of deficiency required petitioners to prove that the Dondi Financial stock became worthless in 1987. Respondent argues that respondent discovered that the notice of deficiency mistakenly failed to disallow all of the deduction, and that respondent's error was computational. Respondent also contends that the notice of deficiency was broadly worded and that the amended answer is consistent with that broad language. Respondent bears the burden of proof if respondent asserts an increased deficiency. Rule 142(a). Thus, respondent bears the burden of proving that petitioner is liable for the additional deficiency of $31,170. We also conclude that respondent raised new matter in the amended answer. Respondent allowed petitioners' deduction in 1987 for part of the Dondi Financial stock loss ($109,140).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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