General K. Hilliard and Ida M. Hilliard - Page 11

               Accordingly, we hold that the attempt to charter the                   
          sailboat was an activity "not engaged in for profit" within the             
          meaning of section 183.  Hence, it is not necessary to discuss              
          the section 1366(d)(1) loss requirements regarding S                        
          corporations.                                                               
               B.  Fishing Boat Activity                                              
                 In 1985, Mr. Hilliard became aware of a boat investment              
          opportunity through his accountant, Nathaniel Brazil.  Mr.                  
          Brazil, who was married to Mr. Hilliard's cousin, was also a                
          friend and has been petitioners' accountant since 1968.  Pursuant           
          to Mr. Brazil's proposal, petitioners were to purchase a boat and           
          place it in a charter activity in Florida using Inter Island                
          Charters, Inc.                                                              
               Petitioners did not do any independent investigation and               
          relied on Mr. Brazil for investigation of the fishing boat                  
          investment.  There is no indication that Mr. Brazil traveled to             
          Florida to investigate the fishing boat.  On Mr. Brazil's advice,           
          petitioners agreed to a $199,894 purchase price for a new 1985              
          Sport Strike Fisherman boat named "My Toy" (fishing boat) during            
          March or April 1985; the boat was to be docked in Fort                      
          Lauderdale, Florida.  Mr. Hilliard did not know whether Mr.                 
          Brazil had any experience concerning investments in boat                    
          chartering.                                                                 
               Early in March 1985, Mr. Hilliard executed a purchase order            
          for a fishing boat that he had not seen prior to making the                 
          order.  Mr. Brazil had arranged for petitioners to meet with the            




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