- 14 - Petitioners were required to include the interest and dividends as part of their gross income, and they do not dispute that they received such amounts. We hold for respondent on this issue. D. Interest Deductions (Schedule A) With respect to the tax years 1990 and 1991, respondent argues that the deduction claimed as home mortgage interest is actually investment interest and that petitioner is not entitled to deduct (1) part of the interest pursuant to section 265(a)(2) and (2) part of the interest pursuant to section 163(d). In the deficiency notice, respondent provided no such explanation for the disallowance, nor did respondent specify whether the home mortgage interest, investment interest, or a combination of the two was disallowed. Further, the amounts disallowed in the notice do not coincide with the amounts claimed on the return. Respondent incorrectly classified the total claimed itemized deductions as “interest expenses”. One cannot tell from review of the notice what was allowed or disallowed. No further explanation is provided in the notice, nor did respondent provide a breakdown of the items allowed and disallowed. Rule 142 provides: (a) General: The burden of proof shall be upon the petitioner, except as otherwise provided by statute or determined by the Court; and except that, in respect of any new matter, increases in deficiency, and affirmative defenses, pleaded in the answer, it shall be upon the respondent. As to affirmative defenses, see Rule 39.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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