- 15 - at issue. Additionally, 1992 was the only year in which petitioners received any revenue from the chartering activity. Furthermore, there are elements of personal pleasure present in petitioners' chartering activity. Petitioners testified that they would occasionally use the boats for recreational purposes. Petitioners had also been involved in recreational boating prior to claiming the activity was a business. This indicates a lack of profit objective. Sec. 1.183-2(b)(9), Income Tax Regs. We are not persuaded that the remote and speculative possibility of profit was petitioners' objective for commencing their chartering activity. After reviewing all the facts and circumstances, we conclude that petitioners did not engage in the chartering activity for profit within the meaning of section 183. We, therefore, sustain respondent's determination on this issue. Charitable Contributions Under section 170(c), contributions of money to or for the use of a religious organization are generally deductible. Henson v. Commissioner, T.C. Memo. 1979-110. A taxpayer, however, must substantiate his contributions. Id.; sec. 1.170A-13(a)(1), Income Tax Regs. If the record provides sufficient evidence that petitioners made charitable contributions, but they are unable to prove the exact amount, we can estimate the amount of the contributions. Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930). In order for the Court to make an estimate, we must have some basis in fact upon which an estimate can be made. VanicekPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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