Richard A. and Carol B. Little - Page 16

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               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).                 




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