- 55 - only those Schedules C showing net profits. On the record before us, we find that petitioner's reliance on Mr. McVeigh with respect to the erroneous calculation of petitioner's self-employment income for 1989 (i.e., not aggregating all Schedules C of petitioner's 1989 return) was reasonable and in good faith. Consequently, we reject respon- dent's determination imposing the accuracy-related penalty on the portion of the underpayment for that year that is attributable to that error.39 Erroneous Use of the 25-Percent Limit for 1989 and 1991 We have found that Mr. McVeigh advised petitioner to use the 25-percent limit, rather than the 15-percent limit. Except for petitioner's (1) informing Mr. McVeigh in April 1990 that he had established a retirement plan to which he timely contributed $20,000 and (2) relating to him the conversations that he had had with the individual who had assisted him in establishing that plan, the record does not show what petitioner told Mr. McVeigh about the contributions that he made to a retirement plan for 1989 and 1991. Specifically, we do not know whether petitioner advised Mr. McVeigh that the retirement plan that he had estab- lished was a simplified employee pension. On the record before us, we find that petitioner has failed 39 Mr. McVeigh's error resulted in petitioner's claiming a deduction that exceeded by $5,075 25 percent of the aggregate results shown in the Schedules C of his 1989 return.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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