- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011