James J. Lencke and Janene B. Lencke - Page 19

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          the taxpayer's mere statement of his or her intent.  Dreicer v.             
          Commissioner, 78 T.C. at 645; sec. 1.183-2(a), Income Tax Regs.             
               After considering all the facts and circumstances in this              
          case, it is our view that petitioners' operation of Red Caboose             
          was an activity not engaged in for profit during the years in               
          issue.  Some of the more significant factors we have weighed are            
          the manner in which petitioners carried on Red Caboose, Red                 
          Caboose's loss history, the time and effort expended by them in             
          carrying on Red Caboose, their financial status, and their                  
          interest in model railroads as a recreational activity.                     
               That a taxpayer operates an activity in a businesslike                 
          manner and maintains complete and accurate books and records may            
          indicate that the activity is engaged in for profit.  Sec. 1.183-           
          2(b)(1), Income Tax Regs.  Respondent contends that petitioners             
          did not maintain adequate books and records for their model                 
          railroad activity.  We agree.                                               
              Petitioners commingled their records for Red Caboose with              
          their personal records.  For 1990 and 1991, they recorded Red               
          Caboose's sales in their personal appointment book.  During 1990,           
          1991, and 1992, they commingled the receipts for Red Caboose's              
          expenses with their personal receipts.  They could not have                 
          presented a complete set of records for Red Caboose, separate               
          from their personal records, at any time during the years in                
          issue.  Furthermore, they conducted some of Red Caboose's banking           






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