- 8 - question were engaged in for a profit. Sec. 1.183-2(b)(1), Income Tax Regs. The record indicates that petitioners maintained thorough accounts of revenue and expenditures connected with Silk Oak's operations, using a computer program recommended by their accountant. Petitioners also maintained separate accounts for Silk Oak's finances. Respondent concedes that petitioners maintained books and records in a businesslike manner. Petitioners' detailed bookkeeping does not, by itself, indicate an intent to generate a profit. Golanty v. Commissioner, supra at 426. A lack of profit motive may exist where a taxpayer fails to abandon unprofitable methods, change operations, or adopt new techniques in an attempt to improve profitability. Sec. 1.183-2(b)(1), Income Tax Regs. Accordingly, the maintenance of detailed books and records may reveal the mere "trappings" of a profit business, particularly when a taxpayer fails to produce income statements, profit plans, or business plans created to alter operations in an attempt to reverse mounting losses. Osteen v. Commissioner, T.C. Memo. 1993-519, affd. in part and revd. in part 62 F.3d 356 (11th Cir. 1995). In this instance, petitioners commenced operation of Silk Oak with neither expertise in running a profitable ranch nor a detailed written plan fashioned to enable them to earn a profit. Petitioners, however, contend that before conducting any ranchingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011