- 52 - 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.Page: 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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