- 17 - 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 byPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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