Ralph E. Wesinger, Jr. and Catherine R. Wesinger - Page 30




                                       - 30 -                                         
                            Application - Aircraft Rental                             
               Turning then to whether petitioner intended to make a profit           
          through the rental of his personal aircraft, analysis of the                
          surrounding circumstances again establishes that he did not.                
          Although the parties presented far less evidence and                        
          argumentation on this issue than with respect to the ranch, those           
          of the nine factors to which the record does speak fail to paint            
          the picture of a profit-driven enterprise.                                  
               First, regarding businesslike manner, petitioner did not               
          testify to maintaining books and records for his rental                     
          operations that would allow either for regular and meaningful               
          evaluation of the enterprise’s financial health or for the making           
          of informed business decisions.  On the contrary, the only                  
          business decision addressed by the parties at trial or on brief             
          appears to have been made in a strikingly unbusinesslike manner.            
          Petitioner set the rate he charged for use of his aircraft by               
          calling other businesses, inquiring what they charged, and                  
          establishing a comparable fee.  He seems to have undertaken no              
          analysis whatsoever of his own expenses, his probable balance of            
          rental versus personal use, or his likely break-even point.  It             
          is doubtful that most serious entrepreneurs would simply charge             
          what competitors charge without ever calculating whether their              










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