- 2 - The issue for decision is whether petitioners are entitled to deduct losses attributable to their yacht chartering activity. We hold that they are not so entitled. FINDINGS OF FACT Some of the facts have been stipulated and are so found. At the time petitioners filed their petition, they resided in Beverly Shores, Indiana. During the years in issue, Mr. Oberle was a stockbroker for Dean Witter Reynolds, Inc., and Ms. Oberle was a real estate broker for Price Realtors, Inc. On or about September 11, 1993, petitioners purchased a 38-foot yacht for $143,000, entered into a 7-year Charter Brokerage Agreement (agreement) with Michigan City Sailboat Charters, Inc. (broker), and docked the yacht in one of the broker's slips at Michigan City, Indiana. The agreement provides that the broker is responsible for the following duties: (1) Showing the yacht to prospective charterers; (2) signing any and all documents pertaining to the charter of the yacht; (3) collecting fees from charterers; (4) making mechanical repairs of items damaged during a charter; (5) meeting the charterers at the yacht; (5) reviewing yacht equipment and operations; (6) taking charterers on orientation cruises; (7) cleaning the yacht on completion of the charter; and (8) taking all necessary steps to charter the yacht. In exchange for these services, the broker received a commission of 50Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011