- 48 - nor does it show what information petitioner may have provided to Mr. McVeigh, or what advice Mr. McVeigh may have given peti- tioner, regarding those remaining items. Accordingly, we find that petitioner has failed to establish that any reliance by him on Mr. McVeigh with respect to the remaining items was reasonable and in good faith. Consequently, we sustain respondent's de- terminations imposing on petitioner the accuracy-related penalty on the portion of the underpayment for each of the years at issue that is attributable to those items. Negligence or Disregard of the Rules or Regulations Petitioner's Underreporting of the Gain from the Sale of the Drawing in Question In Schedule C of his 1989 return relating to art sales, petitioner reported a gain of $99,000 from the sale of the drawing in question. The parties agree that petitioner realized a gain of $113,700 from the sale of that drawing. Although not determined in the notice, respondent contends on brief that petitioner's underreporting of the gain from the sale of the drawing in question was due to negligence or disregard of rules and regulations. This issue constitutes a new matter on which respondent bears the burden of proof. Rule 142(a); Foster v. Commissioner, 80 T.C. 34, 197 (1983), affd. in part and vacated in part 756 F.2d 1430 (9th Cir. 1985). The record does not establish what petitioner told Mr. McVeigh about the sales price of the drawing in question, thePage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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