Ronald L. Heidrick - Page 12




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          activity for purposes of section 183.8  The Court acknowledged in           
          that case:                                                                  
               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.  Therefore, we find that * * * contemporaneous                    
               handwritten lists of expenses were sufficient records for              
               this type of activity.                                                 

               In this case, petitioner did not maintain any                          
          contemporaneous written record of the timing, location, and                 
          amount of gold he recovered.  He stored his gold in vials that              
          would hold only specified amounts.  While the vials could provide           
          some visual indication of the amount of gold on hand, they were             
          kept buried in ammunition boxes under water at dredging sites,              
          making regular visual inventory difficult.  He maintained no                
          records of the gold so stored.  Such a practice, while                      
          permissible, is hardly businesslike.  In addition, when                     
          petitioner sold small amounts of gold, he kept no receipts.                 
               Petitioner did maintain some written records of his                    
          expenses, although not in an organized or systematic way and not            



               8    In Harrison v. Commissioner, T.C. Memo. 1996-509, the             
          Court treated the taxpayer’s gold mining and treasure salvaging             
          operations as one activity for purposes of sec. 183.                        





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