- 27 - 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,Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: March 27, 2008