Frederick G. Harrison, Sr. and Estate of Catherine Harrison, Deceased - Page 15

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          operations.  Respondent contends that petitioner did, in                    
          contrast, maintain thorough business records for his other                  
          businesses and that this contrast reveals a lack of a profit                
          motive in the treasure hunting operations.  We agree that                   
          petitioner's recordkeeping left something to be desired; we do              
          not, however, find that this negates petitioner's profit motive.            
          The treasure hunting activity was different from petitioner's               
          other businesses.  Different recordkeeping methods are therefore            
          expected, and lack of recordkeeping is not determinative of                 
          intent.  Treasure hunting is not the type of business where                 
          thorough records of gains and losses are necessary to a                     
          successful operation.  Cf. Farrell v. Commissioner, T.C. Memo.              
          1983-542.  This type of activity is likely to generate only                 
          expenditures with no income until a find is made at which time              
          the income will come in one lump sum.  Therefore, we find that              
          petitioner's contemporaneous handwritten lists of expenses were             
          sufficient records for this type of activity.                               
               More indicative of a profit motive is that petitioner did              
          not simply accept the first deal presented to him by                        
          International Recoveries.  Petitioner testified that the original           
          offer to join this venture was unsatisfactory and that he                   
          negotiated for a higher percentage of any treasure that might be            
          recovered in addition to first being reimbursed for his expenses.           
          If petitioner had no expectation of profit, there would have been           






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