- 15 - C. Applying the Factors 1. Manner in Which the Taxpayer Conducts the Activity Maintaining complete and accurate books and records, conducting the activity in a manner substantially similar to comparable businesses which are profitable, and making changes in operations to adopt new techniques or abandon unprofitable methods suggest that a taxpayer conducted an activity for profit. See Engdahl v. Commissioner, 72 T.C. 659, 666-667 (1979); sec. 1.183-2(b)(1), Income Tax Regs. Petitioners maintained a separate general journal and bank account for the farm. However, they did not have a written business plan, income projections, or profit plans. This suggests that they did not operate their farm and horse activity for profit. See Westbrook v. Commissioner, 68 F.3d 868, 873, 878 (5th Cir. 1995) (no written business plan, financial projections, or estimates for return of capital), affg. T.C. Memo. 1993-634; Osteen v. Commissioner, T.C. Memo. 1993-519; cf. Phillips v. Commissioner, T.C. Memo. 1997-128 (written financial plan not required for 32-horse farm where business plan evidenced by action). Petitioners contend that they had a business plan, which was for Mrs. Berry to work full time on the farm and for them to have at least 11 broodmares. We disagree. Petitioners did not credibly show how they intended to make the farm profitable.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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