Thomas B. Drummond - Page 48

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          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, the               





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