Derril O. Lamb, Jr. and Joyce Lamb - Page 12

            did not participate in the 1989 tuna fishing season.  We                                      
            disagree.  The tuna fishing season in Maine begins around June 15                             
            and concludes around September 30; however, the season can be                                 
            shortened if the quota of tuna is caught prior to the traditional                             
            end of the season.  Mr. Lamb traveled to Africa on June 1, 1989.                              
            When he returned to Maine on July 3, 1989, the quota of tuna for                              
            Mr. Lamb’s permit had already been filled, thereby precluding him                             
            from doing any fishing during the remainder of 1989.                                          
                  Mr. Lamb testified at trial that July 4 is traditionally                                
            regarded as the date when the Maine tuna fishing season begins in                             
            earnest and that the quota had never been filled this early                                   
            before, nor has it since.  We conclude that this is a reasonable                              
            explanation for Mr. Lamb’s failure to do any fishing during                                   
            1989.5  We also note that Mr. Lamb took steps to change his                                   
            fishing permit so that he could avoid this problem in future                                  

                  (2)  The Expertise of the Taxpayer or His Advisers                                      

                  Mr. Lamb learned how to harpoon tuna in 1958 from                                       
            experienced fishermen on Bailey Island in Maine.  He successfully                             
            harpooned tuna and built fishing boats until 1982.  Mr. Lamb is                               
            obviously an individual with substantial experience and expertise                             

                  5We note, too, that since he did no fishing in 1989, Mr.                                
            Lamb refused the advice of his accountant, who advised Mr. Lamb                               
            that he was still entitled to take a depreciation deduction for                               
            the Lu-Joy.                                                                                   

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