- 49 - purchase price of that drawing, and the gain realized from its sale. However, assuming arguendo (1) that petitioner had told Mr. McVeigh that he sold the drawing in question for $115,000, that he had purchased it for $1,300, and that he realized a gain of $113,700 from its sale and (2) that Mr. McVeigh erroneously reported gross receipts of $100,000 from the sale of the drawing in question, a cost of goods sold of $1,000 for that drawing, and a gain of $99,000 from its sale, petitioner was nonetheless negligent in underreporting the gain from that sale in his 1989 return. Petitioner had an obligation to review that return before filing it. See Metra Chem Corp. v. Commissioner, supra at 662. Petitioner, however, did not review it; he was merely interested in knowing the amount of tax due so that he could write a check for that amount. If petitioner had reviewed Schedule C of his 1989 return relating to art sales, he would have known that the gain from the sale of the drawing in question was underreported. See id. at 662. On the record before us, we find that any reliance by petitioner on Mr. McVeigh was not reasonable or in good faith insofar as it relates to the underreporting of the gain from the sale of the drawing in question (viz., $99,000, instead of $113,700). Consequently, we find that petitioner is liable for the accuracy-related penalty on the portion of the underpayment for 1989 that is attributable to that underreported gain. Petitioner's Claimed Disallowed Automobile ExpensesPage: 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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