- 23 - In the answer, respondent denies: that said trusts were “valid” to the extent that petitioners intend the term to imply that the trusts should be recognized for federal income tax purposes; or alternatively, to imply that the trusts are not grantor trusts; or alternatively, to imply that the income reported by the trusts is not taxable to petitioners under assignment of income principles. On brief, respondent states the following grounds for attributing gross receipts of Alexion Trust to the J. Shirleys: “on the grounds that Alexion Trust is a sham, or that Alexion Trust is a grantor trust, or that the income of Alexion Trust is taxable to Joseph and Frances Shirley under assignment of income principles.” As to the depreciation deduction, respondent states the issue to be whether the J. Shirleys are entitled to the depreciation expense passed through to them from the Caralan Trust. Apparently, at the time the notice was issued to the J. Shirleys, they and respondent understood respondent’s grounds for making the two adjustments in question; both parties filed pleadings and briefs which responded to those adjustments. Rule 142(a) provides that respondent bears the burden of proof with respect to new matters. The J. Shirleys have not claimed that respondent has raised any new matter. We therefore assume that respondent’s grounds for making the two adjustments are the grounds articulated by respondent on brief and that they raise no new matter. The J. Shirleys bear the burden of proof. See RulePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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