- 14 - petitioner has made clear his business plan: Buy an asset (a yacht) that he hoped would retain its value and lease (charter) it out for short periods at rates that will quickly return the capital cost of the asset. Indeed, petitioner proposes that we find as facts the following: Petitioner was an expert at the Firm in designing investment programs for the short-term utilization of capital assets at lease rates equal to a high percentage of their initial cost. * * * Petitioner noted significant similarities between the yacht charter business and these programs in that they both involved assets that retain a high percentage of their initial value, a benefit accruing to the asset’s owner. Petitioner also proposes that we find: Petitioner believed that he would have an advantage in obtaining yacht charters because of his contacts with firms in the securities industry, which he knew from his own direct experience were potential frequent users of yacht charters. Respondent has made various objections to those proposed findings, and we have not made findings of fact in accordance with those proposed findings. The parties have stipulated, however, and we have found, that petitioner had no experience as a seaman or with the mechanical operation of yachts, and he had very little personal experience in boating. Numerous factors lead us to conclude that petitioner had no objective to make a profit. Petitioner testified that he had calculated the amount of revenue he needed “to break even”. He did not testify, however, that he or anyone else determined howPage: 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