Gary W. and Darlene E. White - Page 13

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               in connection with making property available for use by                
               customers only if the services provided in connection                  
               with the use of the property are performed by                          
               individuals, and the use by customers of the property                  
               is incidental to their receipt of such services. * * *                 
               Petitioners contend that several of the exceptions to the              
          definition of a rental activity apply in this case.  For 2000,              
          petitioners contend that the average rental period was less than            
          7 days.  For both 1999 and 2000, petitioners contend that they              
          personally contributed significant and extraordinary personal               
          services.  On the other hand, respondent contends that the                  
          average rental period was based on the contract between                     
          petitioners and AYC as lessee, and that petitioners did not                 
          contribute significant or extraordinary personal services.  We              
          agree with respondent.                                                      
               The yacht owners’ contract concerning Moonshadow was an                
          annual exclusive lease agreement between petitioners and AYC,               
          which was automatically renewable each year unless otherwise                
          terminated.  AYC is a professional organization engaged in the              
          charter boat business.  Under the terms of the contract,                    
          petitioners leased Moonshadow to AYC, granted AYC possession,               
          dominion, and control over Moonshadow, and gave AYC the exclusive           
          right to sublease Moonshadow to third-party bare boat charterers            
          for the entire year.  AYC would then enter into individual                  
          charter contracts with third parties.  Petitioners were not a               
          party to the individual charter contracts, and, indeed,                     






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