Thomas and Linda O'Connell - Page 11




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          (5th Cir. 1974); Haber v. Commissioner, 52 T.C. 255, 266 (1969),            
          affd. 422 F.2d 198 (5th Cir. 1970).                                         
               The unexplained inconsistencies in not reporting the                   
          outstanding loans as due from petitioners on the corporate tax              
          returns and on the bankruptcy schedules filed by Mayflower and by           
          Jordan contradict the formality of the notes.  There is no                  
          evidence that there was ever any effort to repay the advances,              
          and no payments in fact were made.  There is no indication that             
          petitioners had the ability to repay the advances, and the                  
          evidence and petitioners’ arguments suggest that in fact they did           
          not have the ability to repay the advances.  We conclude on the             
          evidence presented that the advances were taxable distributions             
          to petitioners rather than bona fide loans.                                 
          Fishing Activities                                                          
               The first of respondent’s alternative grounds for                      
          disallowing deductions claimed in relation to the fishing                   
          activities operated through the S corporations Billfish and Texas           
          Terrors is the absence of the requisite profit objective within             
          the meaning of section 183.  A determination of whether the                 
          requisite profit objective exists is made on the basis of all of            
          the surrounding facts and circumstances.  See sec. 1.183-2(b),              
          Income Tax Regs.  Greater weight is given to the objective facts            
          than to the taxpayer’s mere statement of his intent.  See sec.              
          1.183-2(a), Income Tax Regs.                                                






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