- 18 - prove that the Schedule F activity was within the anticipated startup phase of an activity conducted for profit. As stated, we think that the Schedule F activity was in the nature of a hobby. 4. Manner In Which Taxpayer Carries on Activity “The fact that the taxpayer carries on the 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. Petitioner did not keep formal or accurate books and records for the Schedule F activity. Petitioner’s only records consisted of canceled checks, invoices for goods and services received, and bills. While a taxpayer need not maintain a sophisticated cost accounting system, the taxpayer should keep records that enable the taxpayer to make informed business decisions. See Burger v. Commissioner, 809 F.2d 355, 359 (7th Cir. 1987), affg. T.C. Memo. 1985-523. Petitioner’s failure to maintain books of account, reconcile his bank statement every month (or even open the envelopes containing the statement and canceled checks), or use checks only from the account dedicated to the Schedule F activity evidences a lack of concern for cash-flow. Also, petitioner did not keep records respecting the costs associated with individual horses. See Dodge v. Commissioner, T.C. Memo. 1998-89 (without records according to individual horses, taxpayers had no way of knowing which horses were more profitable or which trainingPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011