Elizabeth Giles - Page 26

                                       - 26 -                                         
          projections indicates a lack of businesslike operations.                    
          Surridge v. Commissioner, T.C. Memo. 1998-304.  The failure to              
          maintain a separate bank account or to prepare a budget also                
          indicates a lack of businesslike operations.  Id.                           
               Petitioner did not maintain a separate bank account for the            
          horse activity, and we do not find on the basis of credible                 
          evidence that she kept a separate set of books and records for              
          the activity.  We also do not find on the basis of credible                 
          evidence that petitioner, as to the horse activity, prepared                
          financial statements, profit and loss projections, budgets,                 
          break-even analyses, or marketing surveys, each of which may aid            
          a taxpayer in cutting expenses, increasing profits, and                     
          evaluating the overall performance of an activity, Golanty v.               
          Commissioner, 72 T.C. at 430, or that she prepared a business               
          plan for the horse activity as it would pertain to the subject              
          years.  While petitioner did retain some records on the horse               
          activity, we do not find on the basis of credible evidence that             
          she ever used those records or the data reflected therein to                
          evaluate or improve that activity’s financial performance.  See             
          Burger v. Commissioner, 809 F.2d 355, 359 (7th Cir. 1987), affg.            
          T.C. Memo. 1985-523; Connolly v. Commissioner, T.C. Memo.                   
          1994-218, affd. without published opinion sub nom. Redd v.                  
          Commissioner, 58 F.3d 635 (5th Cir. 1995).                                  








Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011