Barry John Sergeant and Christine M. Sergeant - Page 2

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          All section references are to the Internal Revenue Code in effect           
          for the years in issue, and all Rule references are to the Tax              
          Court Rules of Practice and Procedure.                                      
               The issues for decision are:  (1) Whether petitioners are              
          entitled to charitable contribution deductions in excess of the             
          amount allowed by respondent; and (2) whether petitioners are               
          liable for the penalty for a substantial valuation misstatement             
          for 1994.                                                                   
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioners resided in              
          Rowayton, Connecticut, at the time they filed their petition.               
               As of the time of trial, Donald Miller (Mr. Miller), the               
          owner and operator of Miller Yacht Sales, Inc. (Miller Yacht),              
          had been in the business of selling boats for 35 years.  In                 
          November 1987, Mr. Miller sold the boat in issue in this case--a            
          1967 42-foot Trojan Motor Yacht with a wooden hull, gasoline-               
          powered engines, and no fly bridge (the boat)--to a third party             
          for $32,000 plus a trade-in valued at approximately $5,000.  At             
          the time of this sale, the boat was in above-average condition.             
          In 1992, Mid-Atlantic Bank repossessed the boat from the third              
          party and sold it back to Miller Yacht for $3,750.  On February             
          13, 1992, Mr. Sergeant purchased the boat from Miller Yacht for             





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