Thomas B. Drummond - Page 49

                                       - 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 Expenses                                          




Page:  Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  Next

Last modified: May 25, 2011