N. Thomas Ryan - Page 10

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          that would indicate that he carried on the activity in a                    
          businesslike manner.  A taxpayer is required to maintain records            
          sufficient to substantiate deductions that he claims on his tax             
          return.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.                      
          Petitioner did not file tax returns for the years in issue, nor             
          did he seek the advice of an accountant or bookkeeper to maintain           
          books or records.4                                                          
               Petitioner commingled the financial affairs of the horse               
          breeding activity with his personal finances.  He paid all the              
          expenses of the horse activity from his personal account and                
          maintained no separate financial accounts for the horse activity.           
          The commingling of funds is an indication that the activity is a            
          hobby rather than a business for profit.  See Ballich v.                    
          Commissioner, T.C. Memo. 1978-497.                                          
               To the extent petitioner maintained records of his business            
          activity, the records were disorganized.  He placed canceled                
          checks and receipts from his horse breeding activity in a box or            
          in Ziploc bags.  Petitioner would store the box or bags in his              


               4  When this case was first called for trial at a prior                
          session of this Court, petitioner requested a continuance so that           
          he could prepare returns for the years in issue.  Petitioner’s              
          request was granted, and the case was scheduled on the next                 
          calendar.  One week before trial, petitioner submitted Federal              
          income tax returns to respondent.  Then, at trial, petitioner               
          requested another continuance in order to adjust the farm                   
          expenses claimed.  The request for continuance was denied, and              
          the trial was held at a date later in the session.                          






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