- 18 -
bearing the burden of proof. Rule 142(a). Second, petitioners
would be prejudiced by being first told 14 days before trial that
they have the burden of proving when their Dondi Financial stock
became worthless.
5. Conclusion
Petitioners bear the burden of proving that their basis in
Dondi Financial stock was as claimed on their 1987 tax return.
Respondent bears the burden of proving that the Dondi Financial
stock became worthless before 1987.
B. Evidentiary Matters
We next decide whether certain evidence is admissible.
1. Testimony by FBI Special Agents
In the pretrial memorandum, respondent listed two FBI
special agents as witnesses, Curt L. Hodges (Hodges) and Dale V.
Hogue (Hogue). Respondent's memo said only that both agents
would testify about their "investigation of the facts surrounding
this case and to the truthfulness or untruthfulness of the
petitioner's witnesses".
In 1987, Hodges and Hogue were assigned to a task force
created to investigate suspected criminal activity in the Texas
savings and loan industry. Hogue was the agent in charge of the
Vernon investigation from 1987 to 1991. Hodges investigated
Vernon from 1987 to 1992.
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