Hans H. and Cheryl E. Hammann - Page 20

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          service.  Such an intent is not a sufficient profit motive for              
          purposes of section 162.                                                    
               Accordingly, for the year 1983, respondent's allowance of              
          the expenses attributable to the operation of the charter boat              
          service only to the extent permitted by section 183 is sustained.           
          In addition, because petitioners have failed to substantiate any            
          such expenses deducted in 1984 and 1985, respondent's adjustments           
          disallowing the deductions for those years are likewise                     
          sustained.  Sec. 6001.                                                      
               Because petitioners have failed to persuade us that the                
          charter boat service was conducted as a trade or business, it               
          follows that respondent's disallowances of the investment tax               
          credits for the years 1983 and 1984 must also be sustained, and             
          we so hold.  Secs. 38, 48.  It further follows that Hans Hammann            
          improperly claimed investment tax credit carrybacks to the years            
          1980 and 1981, and the deficiencies determined by respondent                
          against him for those years are sustained as well.                          
          Cheryl Hammann's Condominium                                                
               The dispute on this issue arises primarily from respondent's           
          determination that petitioners used an improper currency                    
          conversion rate in computing the depreciable basis of the                   
          property.  The conversion rate used by respondent in making her             
          adjustments is more favorable to petitioners than the average               
          conversion rate for the years involved.  In any event,                      






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