General K. Hilliard and Ida M. Hilliard - Page 3

          the losses from boat chartering and residential rental activities           
          concerns whether those endeavors were "not engaged in for profit"           
          within the meaning of section 183.2  For simplicity and clarity,            
          we set forth the background facts and legal principles applying             
          generally to the boating and residential rental activities.                 
          Thereafter, combined findings of fact and legal discussion are              
          presented in separate sections for each issue.                              

          I. Background3                                                              
               Petitioners, at all relevant times, were married, filed                
          joint income tax returns, and resided in Orinda, California.                
          Petitioners are medical doctors:  Mrs. Hilliard is a psychiatrist           
          and Mr. Hilliard is a cardiologist.  They practice medicine on a            
          full-time basis.                                                            
               Mr. Hilliard has been involved in sailing as a hobby since             
          1966, and he purchased a small sailboat in 1970 and a fixed-keel            
          boat in 1975 or 1976 for his personal use.                                  
               On their 1986, 1987, and 1988 joint tax returns, petitioners           
          jointly reported wages and net income from the practice of                  
          medicine in amounts ranging from approximately $166,000 to                  
          $230,000 per year.  Against the income reported, petitioners                
          claimed losses attributable to boating and residential rental               
          activities.  Petitioners reported boat chartering income and                

               2 Section references are to the Internal Revenue Code in               
          effect for the years in issue.  Rule references are to this                 
          Court's Rules of Practice and Procedure.                                    
               3 The parties' stipulations of facts and exhibits are                  
          incorporated by this reference.                                             



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