Richard J. and Melodie D. McKeever - Page 28




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            profit motive.  See Sullivan v. Commissioner, T.C. Memo. 1998-367                          
            (generally no profit motive where lack of evidence that taxpayer                           
            used records to improve losing venture), affd. without published                           
            opinion 202 F.3d 264 (5th Cir. 1999).                                                      
                  Petitioners also failed to prepare any financial                                     
            statements, profit and loss projections, budgets, breakeven                                
            analyses, or marketing surveys, all of which can be significant                            
            financial tools to aid in “cutting expenses, increasing profits,                           
            and evaluating the overall performance of the operation.”                                  
            Golanty v. Commissioner, supra at 430.  We conclude that                                   
            petitioners’ maintenance of books and records was simply to                                
            memorialize for tax purposes the various expenses associated with                          
            the activity.  That petitioners were able to substantiate their                            
            claimed expenses simply does not prove that their books and                                
            records were kept or used in a businesslike manner.                                        
                        b.  Petitioners’ Involvement in Other Profitable                               
                  Enterprises                                                                          
                  There is no evidence in the record that shows how                                    
            petitioners operated or participated in other profitable                                   
            enterprises, such as Mr. McKeever’s employer, Aero Industrial                              
            Alloy.  Thus, we are unable to consider whether the horse                                  
            activity was operated in a similar manner.  See sec. 1.183-2(b),                           
            Income Tax Regs.                                                                           









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