petitioners' boat was not being properly serviced and that Mr. Quartiano would be willing to take over charter operations. During September 1987, petitioners ceased making payments to the bank on the promissory note. Prior to finalizing any arrangement with Mr. Quartiano, during November 1987, the financing bank brought a Complaint in Admiralty against petitioners and their North Carolina corporation in Federal court to foreclose on a "United States First Preferred Ship Mortgage and Marine Security Agreement", and the fishing boat was seized by U.S. marshals pursuant to a court order. The fishing boat was sold under a court order on June 24, 1988, for $50,000. Petitioners claimed depreciation and expenses connected with the fishing boat through 1987. For 1988, the $939 claimed represented legal fees in connection with the lawsuit and foreclosure of the fishing boat. Other than one short ride, there was no personal use of the fishing boat by the petitioners. Petitioners believed that the revenues from chartering the fishing boat would be sufficient to cover the mortgage payments on the boat. Petitioners received monthly charter summaries revealing that the boat had been chartered very little. (1) Manner in which the taxpayer carries on the activity. The fishing boat activity was operated through petitioners' S corporation, and petitioners relied on their accountant and independent charter contractors. Although several entities were interposed between the fishing boat and petitioners, ultimately as owners, it was, in effect, their charter business. In thisPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011