Frank R. Courbois - Page 16

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                Martin v. Commissioner, 50 T.C. 341, 364 (1968); Rand v.                                 
                Commissioner, 34 T.C. 1146, 1149-1150 (1960).                                            
                      We also note that during 1990 petitioner reported                                  
                substantial income from sources other than his activity                                  
                with respect to the Cloudia.  See sec. 1.183-2(b)(8),                                    
                Income Tax Regs.  He reported gross income from his legal                                
                practice in the amount of $157,391, and a net profit from                                
                that activity in the amount of $78,253.  In addition,                                    
                petitioner reported capital gains of $75,139 from the sale                               
                of 2709 NW 12th and 1809 Carey Place, two of his rental                                  
                properties, ordinary income of $3,612 from the sale of                                   
                those two rental properties, and a loss of $3,456 from the                               
                sale of the “Edmond Lot”.  In sum, for the 1990 tax year,                                
                petitioner realized income of $153,548 from sources other                                
                than the rental of the Cloudia.                                                          
                      Finally, the record suggests that petitioner derived                               
                personal enjoyment from his activity with respect to the                                 
                Cloudia.  See sec. 1.183-2(b)(9), Income Tax Regs.                                       
                Petitioner testified that ever since he was young he                                     
                wanted to be involved with boats, and that the first time                                
                he stepped onto the Cloudia he “felt like Errol Flynn”.                                  
                Petitioner also testified that he had built two other                                    
                sailboats, one which he sold, and one which he retained                                  
                for recreational purposes.                                                               





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