William Warren Kelly - Page 2




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                                                                           Background                                                                                      
                              The facts may be summarized as follows.  During 1993 and                                                                                     
                    1994, petitioner was employed full time by a logging company as                                                                                        
                    an equipment operator and mechanic.  In 1993, petitioner owned                                                                                         
                    six fixed-wing light aircraft, two of which he purchased in                                                                                            
                    December 1993.  In 1994, petitioner purchased an additional                                                                                            
                    aircraft.  During 1993 and 1994, petitioner entered into aircraft                                                                                      
                    leasing agreements with Friendly Air Service, Inc. or other fixed                                                                                      
                    base flight schools (collectively Friendly Air) in the Eugene,                                                                                         
                    Oregon, area.                                                                                                                                          
                              Under the lease agreements, Friendly Air leased the aircraft                                                                                 
                    from petitioner.  Friendly Air would in turn use the aircraft for                                                                                      
                    flight instructions or rent them to other pilots at hourly rates.                                                                                      
                    Petitioner does not have a commercial pilot’s license and cannot                                                                                       
                    give flight instructions or transport paying passengers.  The                                                                                          
                    leases were for 1 year but could be canceled with a 30-day                                                                                             
                    written notice.  Friendly Air scheduled all flights and was                                                                                            
                    responsible for routine cleaning, maintenance, and fueling of the                                                                                      
                    aircraft.  Petitioner received $34 per hour of flying time.                                                                                            
                    Petitioner was responsible for the payment of all fuel,                                                                                                
                    maintenance, repair costs, and premiums for commercial insurance.                                                                                      
                    Friendly Air maintained financial records for the leasing of the                                                                                       
                    aircraft.  Petitioner did not keep any contemporaneous logs or                                                                                         
                    records of the aircraft activities.  The parties, however, agree                                                                                       






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