- 14 - conclusion that the taxpayer possessed the requisite profit motive. See Allen v. Commissioner 72 T.C. 28, 35 (1979). Here, the record reveals numerous instances where petitioners did not conduct their Schedule C activities in a businesslike manner. Petitioners failed to acquire the necessary local business licenses to sell their produce, resulting in lost revenue. Petitioners did not maintain any formal business plans, budgets, ledgers, or other accounting records. In addition, they did not possess any mileage logs or formal records of payments made to their undocumented workers. (In this regard, petitioners were unable to substantiate some of their claimed deductions.4) Petitioners also failed to keep separate bank accounts; they intermingled their personal funds with those of their Schedule C activities and paid all expenses from this account. (Petitioner testified that he decided against using a separate business account because the bank charged a per check fee.) Despite incurring losses over a number of years, there is no convincing evidence in the record indicating that petitioners undertook meaningful action to control or rectify the continual stream of losses arising from their Schedule C activities. Petitioners’ losses increased during the 3 years between 1994 and 4 For instance, petitioners claimed 89,159 miles on their 1995 return as the distance traveled in connection with their Schedule C activities; at trial, they conceded that the actual number of miles was approximately 15,600.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011