- 16 - 1985, however, at Elvin's direction, YOC's employees did not attempt to sell the Capriole. The log and guest register relating to the Capriole do not reflect any business use of the Capriole. The Capriole was used by Elvin on numerous occasions to entertain personal friends. Elvin invited guests to take pleasure cruises aboard the Capriole. Elvin and his guests used cocaine, marijuana, and alcohol during cruises aboard the Capriole. During 1984 and 1985, respectively, YOC paid $90,635 and $133,179 in expenses for repairs, restoration, maintenance, and operation of the Capriole, and YOC deducted these expenses as business expenses. For 1983, 1984, and 1985, YOC did not claim depreciation deductions relating to the Capriole. In July of 1989, the Capriole was traded to an unrelated party for real property located in Jackson County, North Carolina. The stated sale price for the Capriole was $186,500. The real property that was received in the exchange was treated by YOC as an asset of YOC. The record does not reflect whether a gain or loss was realized on this sale nor whether YOC reported the sale on its 1989 corporate Federal income tax return. The parties have stipulated that for 1984 and 1985 the fair rental value for use of the Capriole was $1,200 per day. On audit, respondent determined that YOC held only nominal legal title to the Capriole and that Elvin was the owner of the Capriole. Respondent determined that for 1984 the $80,000Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011