Thomas B. Drummond - Page 52

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          respondent's determinations imposing the accuracy-related penalty           
          on the portion of the underpayment for each such year that is               
          attributable to such deductions.                                            
                         Petitioner's Claimed Deductions                              
                         of SEP Contributions                                         
               For each of the years 1989 and 1991, petitioner underpaid              
          his income tax as a result of the deductions that he claimed                
          (viz., $20,000 and $7,977, respectively) and that respondent                
          disallowed with respect to his SEP contribution for each such               
          year.35  For 1989, the underpayment of income tax attributable to           
          petitioner's disallowed SEP deduction resulted from the following           
          errors:  (1) Including the gain from the sale of the drawing in             
          question in Schedule C of petitioner's return and thus including            
          that gain in petitioner's self-employment income;36 (2) calculat-           
          ing petitioner's self-employment income by aggregating the                  
          results of only those Schedules C of petitioner's return that               
          showed net profits, and not those that showed losses; and                   
          (3) claiming a deduction for petitioner's contribution to the SEP           


          35  We note that, because respondent made determinations in the             
          notice that increased petitioner's self-employment income for               
          1990, respondent determined that petitioner is entitled to a SEP            
          deduction for that year in an amount in excess of the SEP de-               
          duction claimed in petitioner's 1990 return.                                
          36  If the $99,000 net profit from the sale of the drawing in               
          question had not been reported in Schedule C of petitioner's 1989           
          return relating to art sales, that return would have reflected an           
          aggregate loss of $39,928 from petitioner's various Schedules C,            
          and, based on that return, petitioner would not have been enti-             
          tled to a deduction for any portion of the $20,000 contribution             
          that he made to the SEP for that year.                                      




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