James Tinnell - Page 22




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          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.                 






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