Hugh T. Brown, Jr., and Kristi L. Brown - Page 12




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          treasure salvaging activity for purposes of section 183.1  There,           
          after noting that the taxpayer’s record keeping “left something             
          to be desired”, we said:                                                    
               The treasure hunting activity was different from                       
               petitioner’s other businesses.  Different record                       
               keeping methods are therefore expected, and lack of                    
               record keeping is not determinative of intent.                         
               Treasure hunting is not the type of business where                     
               thorough records of gains and losses are necessary to a                
               successful operation.  Cf. Farrell v. Commissioner,                    
               T.C. Memo. 1983-542.  This type of activity is likely                  
               to generate only expenditures with no income until a                   
               find is made at which time the income will come in one                 
               lump sum.  * * * [Id.]                                                 
               Here, as in the Harrison case, petitioner kept no formal set           
          of books and records for his gold mining and prospecting                    
          activity.  He did not maintain a general ledger or a spreadsheet.           
          No financial statements ever were prepared, except a balance                
          sheet prepared for petitioner’s meeting with an IRS Appeals                 
          officer.  Petitioner did have a business plan, but it was written           
          in December 2000, long after the years in issue.  Petitioner did            
          not maintain a separate bank account for his gold mining                    
          activity.                                                                   
               Petitioner’s record keeping consisted of the maintenance of            
          separate folders for his expenses.  As he incurred each expense,            
          he put the receipt in the appropriate folder.                               




               1The Court treated the taxpayer’s gold mining and treasure             
          salvaging operations as one activity for purposes of sec. 183.              





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