Dean L. and Cynthia D. Sanders - Page 18





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          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 training                 





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