- 22 - the taxpayer entered into the activity for profit. For the most part, we find those cases to involve facts that are materially distinguishable from the facts at hand. In Feldman v Commissioner, supra, the taxpayer purchased a boat with a proven charter record and an established clientele; the taxpayer made no personal use of the boat; he negotiated a favorable management agreement, with a guaranteed minimum level of revenue. In Dickson v. Commissioner, supra, the taxpayer leased the boat to a charter agency for guaranteed annual payments and made limited personal use of the boat. In McLarney v. Commissioner, supra, the taxpayer regularly spent a substantial amount of time and energy running the business; the taxpayer changed the mode of operation to increase profitability; his personal use of the boat was small in comparison to the number of charters. In Zwicky v. Commissioner, supra, the taxpayer devoted substantial amounts of time to the charter operation; the taxpayer engaged in numerous promotional activities to gain charters; the taxpayer made minimal recreational use of the boat. Slawek v. Commissioner, supra, most closely resembles the case at hand in that there we found that (1) the taxpayers made no real investigation of the charter boat business before undertaking their charter activity, and (2) they made no projections of income and expenses as a basis for estimating whether or not the activity could be profitable. We also found, however, that they advertised in a national newspaper, the Wall Street Journal, and that they madePage: 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