- 5 - in her basis in certain property that she sold during 1988, and (3) deductions for 1992 of approximately one-half of certain mortgage interest in Schedule A and one-half of such interest in Schedule E.2 The only evidence in the record to support those contentions is the general, vague, and conclusory testimony of petitioner. Petitioner has the burden of showing (1) error in respondent's determinations in the notice and (2) her entitlement to any new matters that she claimed at trial. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). On the record before us, we find that petitioner has failed to carry her burden of proof on those determinations of respondent in the notice that she and respondent did not resolve in the stipulation and on those matters that she raised at trial. To reflect the foregoing and the agreement of the parties that is set forth in the stipulation, Decision will be entered under Rule 155. 2 Petitioner and respondent agreed in the stipulation that petitioner is entitled for 1992 to a Schedule A mortgage interest deduction in the amount of $13,128. Although it is not altogether clear, it appears that petitioner is now claiming that she is entitled to deduct about one-half of that interest in Schedule E.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011