Thomas C. Oberle and Margaret Colbert Oberle - Page 2

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          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 50                  





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