- 62 - testified that Granot Loma “operated no differently than a Marriott or a Radisson”. Mr. DiMaggio also testified that LFI was operating as a business during 1988 because “people were staying up there, overnight stays for business purposes.” In justifying the decision to depreciate Granot Loma, Mr. DiMaggio testified that “the property was placed in service from a business standpoint the minute Mr. Baldwin purchased it”, a position petitioner consistently espoused throughout the trial and briefing of this case. Petitioner was obligated to prove that he gave all pertinent information necessary to decide the proper tax treatment of Granot Loma and the aircraft to Mr. DiMaggio. Mr. DiMaggio’s testimony leaves us with considerable doubt that petitioner gave Mr. DiMaggio all of the information necessary to determine whether and to what extent LFI and BAC were actually operating a trade or business within the meaning of section 162 or whether the activities conducted by the corporations were not engaged in for profit within the meaning of section 183. Having observed Mr. DiMaggio and petitioner at trial and heard their testimony, we have no doubt that petitioner was an important and demanding client of Mr. DiMaggio, that Mr. DiMaggio wanted to keep petitioner happy, and that Mr. DiMaggio, without having first received relevant and accurate information, either concluded or accepted petitioner’s conclusion that LFI and BAC were legitimate businesses. Mr. DiMaggio’s apparent willingnessPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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