- 15 - 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 beenPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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