- 22 - operating methods, adoption of new techniques, or abandonment of unprofitable methods were made in a manner consistent with an intent to improve profitability. See Engdahl v. Commissioner, 72 T.C. 659, 666-667 (1979); sec. 1.183-2(b)(1), Income Tax Regs. a. Petitioner’s Record Keeping 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. For a taxpayer’s books and records to indicate a profit motive, the books and records should enable a taxpayer to cut expenses, increase profits, and evaluate the overall performance of the operation. See Abbene v. Commissioner, T.C. Memo. 1998-330. The record in this case confirms that petitioner kept extensive records of his mining activities, including financial and tax records such as spreadsheets, bank statements, canceled checks, and invoices and operational records such as production records, test reports, consultant reports, correspondence, and related documents. Petitioner produced these records both to the revenue agents who audited his tax returns for the years at issue and to an accountant, Steven Klovanish, whom petitioner hired to assist him in the audit. Although petitioner and respondent disagree as to the organizational state of the records, Mr.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011