Dennis L. and Margaret J. Knudsen - Page 27




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         show taxpayer used records to improve losing venture), affd.                 
         without published opinion 202 F.3d 264 (5th Cir. 1999).                      
              Petitioners did not prove that their books and records were             
         kept or used in a businesslike manner.  In addition, petitioners             
         did not maintain ERE’s operational records in a businesslike                 
         manner.  Petitioners could not make meaningful decisions                     
         regarding their breeding activities from the incomplete                      
         operational records they maintained.                                         
                        b.  Similarity to Other Activities of the Same                
         Nature                                                                       
              Petitioners argue that the breeding of each species should              
         be evaluated as a separate activity.  They claim that each                   
         breeding activity was conducted in a similar manner to                       
         successful breeding activities.  However, petitioners did not                
         introduce credible evidence of which species were successfully               
         bred and how successful breeding activities were 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 petitioners’ exotic                
         animal breeding activity was conducted in a manner substantially             
         similar to that of other profitable animal breeding operations.              
                        c.  Changes Made To Foster Profitability                      
              Petitioners argue that several changes in operating methods             
         support their claim of a businesslike operation.  First,                     






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