Richard A. and Carol B. Little - Page 17

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          Petitioner would not be entitled to any worthless stock                     
          deductions for Dondi Financial in 1987 unless it became worthless           
          in 1987.  We can only conclude that respondent was not                      
          challenging petitioners' claim that the Dondi Financial stock               
          became worthless in 1987.  In the amended answer, respondent                
          contends that the Dondi Financial stock became worthless no later           
          than August 1, 1985.  Petitioners would be required to present              
          different evidence to contest this allegation than they would               
          have been required to present to contest the notice of                      
          deficiency.  Thus, respondent's contention in the answer is                 
          new matter upon which respondent bears the burden of proof.                 
               Respondent contends that the amended answer corrected a                
          mathematical computation in the notice of deficiency.  We                   
          disagree.  Respondent has not identified a mathematical error               
          in the notice of deficiency.                                                
               Respondent contends that petitioners bear the burden of                
          proof because they are not prejudiced if they are required to               
          prove the year their Dondi Financial stock became worthless.                
          Respondent contends that petitioners are not prejudiced because             
          they amended their petition after respondent amended the answer             
          to claim that, if their Dondi Financial stock did not become                
          worthless in 1987, then it became worthless in 1985 or 1986.                
          We disagree.  First, Rule 142(a) provides that the burden of                
          proof on new matter is on the Commissioner; Rule 142(a) does not            
          limit this to cases where the taxpayer would be prejudiced by               




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