Thomas B. Drummond - Page 28

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          sale of the drawing in question, he abandoned his art activities            
          because (a) there was a serious crash in the art market as a                
          result of an economic recession during that year and (b) he was             
          having difficulty in enlisting the interest of curators for                 
          purposes of attributing certain of his drawings to the correct              
          artists.19  At trial, petitioner presented only his own testimony           
          to support the foregoing allegations.  We are unwilling to rely             
          on that testimony to establish those contentions.20  For example,           
          it strains credulity that, as soon as petitioner sold in January            
          1989 the drawing in question, which was the only drawing, art-              
          work, or collectible that the record shows he ever sold, the art            
          market coincidentally and suddenly crashed, thereby materially              


          19  Petitioner further contends that his position that the                  
          drawing in question is property described in sec. 1221(1) is                
          supported by the following facts:  Certain experts checked the              
          physical stability of the drawing in question; it was determined            
          that Anselmi had not sketched that drawing; the curator of                  
          Italian drawings attributed that drawing to Parmagianino; and the           
          drawing in question received international exposure through art             
          exhibits, newspapers, and art catalogues.  We are not persuaded             
          by the foregoing facts on which petitioner relies and the other             
          facts that we have found relating to the sale of the drawing in             
          question that that drawing is property described in sec. 1221(1),           
          and not a capital asset.                                                    
          20  We note that even if we had found certain of those conten-              
          tions as facts, they would not necessarily persuade us that the             
          drawing in question was property described in sec. 1221(1).  For            
          example, assuming arguendo that, during 1979 or 1980, petitioner            
          had changed his intention with respect to certain drawings that             
          he had acquired during the 1970's, including the drawing in                 
          question, and decided to have those drawings attributed to the              
          correct artists and sold at a profit, that would not necessarily            
          indicate that he held those drawings primarily for sale to                  
          customers in the ordinary course of his trade or business, and              
          not for investment.  See Howell v. Commissioner, 57 T.C. 546, 555           
          (1972).                                                                     



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