- 49 - financial status and income during the years at issue, BAC’s and petitioner’s failure to follow the advice of BAC’s president regarding steps that should be taken to make BAC a profitable venture, and the substantial personal use of BAC’s aircraft by petitioner and his invited guests. Our review of the record in this case confirms that BAC was not an activity engaged in for profit but rather was an activity established, structured, and operated primarily for the personal use and benefit of petitioner. We reach this conclusion by applying the factors set forth in section 1.183-2(b), Income Tax Regs., to the extent pertinent to our analysis, to the relevant facts established by the record. After petitioners purchased Granot Loma in 1987, petitioner decided to purchase the first of two aircraft. On May 20, 1988, petitioner purchased a King Air and formed BAC to own and operate the aircraft. In August 1988, BAC traded in the King Air for the Sabre. Petitioner regularly used BAC’s Sabre to transport himself and his family, friends, and business acquaintances to Granot Loma. In an effort to structure the operation and use of the Sabre as a business, petitioner arranged for BAC to invoice one of his other companies each time the Sabre was used. At no point during any of the years at issue did BAC offer the Sabre for charter by third parties or take the steps necessary to position the Sabre for use in a charter or leasing business.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
Last modified: May 25, 2011