- 25 - Petitioner has failed to demonstrate that he maintained accurate and businesslike books and records with respect to his mining activities during the years at issue. b. Similarity to Other Activities of the Same Nature Neither petitioner nor respondent offered any evidence as to the manner in which profitable mining businesses are conducted. See Wesinger v. Commissioner, T.C. Memo. 1999-372; Filios v. Commissioner, T.C. Memo. 1999-92, affd. 224 F.3d 16 (1st Cir. 2000); sec. 1.183-2(c), Example (4), Income Tax Regs. Thus, we are not in a position to evaluate whether petitioner’s mining activity was conducted in a manner substantially similar to that of other profitable mining activities. c. Changes Made To Foster Profitability There are numerous examples in the record demonstrating that petitioner made changes in operating methods, adopted new techniques, and/or abandoned unprofitable methods in the course of conducting his mining activities. See Engdahl v. Commissioner, supra at 666-667; sec. 1.183-2(b)(1), Income Tax Regs. Petitioner continually increased the capacity of his mill site and mine (also known as the Roman mine) and periodically developed or improved the methods he used in his mining activity. For example, petitioner originally employed a leaching process of cyanidation for the recovery of precious metals. Petitioner wasPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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