- 28 - 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).Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011