Richard J. and Melodie D. McKeever - Page 26




                                               - 26 -                                                  
                  the subject transactions; it is to facilitate a means                                
                  of periodically determining profitability and                                        
                  analyzing expenses such that proper cost saving                                      
                  measures might be implemented in a timely and                                        
                  efficient manner. [Burger v. Commissioner, T.C. Memo.                                
                  1985-523 (citing Golanty v. Commissioner, 72 T.C.                                    
                  411, 430 (1979)), affd. 809 F.2d 355 (7th Cir.                                       
                  1987).]                                                                              
            The 1992 and 1993 expense journals admitted into evidence were                             
            merely summaries of the expenses reflected on the checks and                               
            receipts; they were not used to improve the performance of                                 
            petitioners’ losing venture.  See Steele v. Commissioner, T.C.                             
            Memo. 1983-63 (checks served as adequate substantiation for                                
            claimed expenses but were not businesslike records).                                       
                  While a taxpayer need not maintain a sophisticated cost                              
            accounting system, the taxpayer should keep records that enable                            
            the taxpayer to make informed business decisions.  See Burger v.                           
            Commissioner, 809 F.2d 355, 359 (7th Cir. 1987), affg. T.C. Memo.                          
            1985-523.  For a taxpayer’s books and records to indicate a                                
            profit motive, the books and records should enable a taxpayer to                           
            cut expenses, increase profits, or evaluate the overall                                    
            performance of the operation.  See Abbene v. Commissioner, T.C.                            
            Memo. 1998-330.                                                                            
                  Petitioners presented no evidence that their records were                            
            used to implement cost-saving measures or to improve                                       
            profitability.  Petitioners urge us to consider their tax                                  
            returns, which contain depreciation schedules, expense summaries,                          
            and other information from which business decisions could be made                          





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011