-18- adjustment expenses for 1991 and $49,418,509 for 1992. On March 13, 1996, respondent sent a notice of deficiency to petitioner in which respondent determined that petitioner overstated its discounted unpaid losses by $5,816,776 for 1991 and $3,904,930 for 1992, and that petitioner's discounted unpaid losses should have been $39,833,473 ($45,650,249 - $5,816,776) for 1991 and $39,696,803 ($49,418,509 - ($3,904,930 and $5,816,776)) for 1992. Respondent amended its answer after trial to assert that petitioner overstated its undiscounted unpaid losses by $13,070,000 for 1991 and by $19,394,000 for 1992, and that petitioner's undiscounted unpaid losses should have been $43,765,000 for 1991 and $42,577,000 for 1992.16 Petitioner bears the burden of proving that respondent's determination in the notice of deficiency is erroneous, Welch v. Helvering, 290 U.S. 111, 115 (1933), and respondent bears the burden of proving that petitioner's discounted unpaid losses should have been less than the amounts determined in the notice of deficiency for 1991 and 1992. Rule 142(a). However, our holding is not affected by who bears the burden of proof. 16 Respondent redetermined petitioner's discounted unpaid losses in the notice of deficiency, whereas respondent's adjustments in the amended answer were to petitioner's undiscounted unpaid losses. The taxpayer is required to report discounted unpaid losses on its income tax return. Secs. 832(b)(5)(A)(ii) and 846.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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