Lucian T. Baldwin, III - Page 62




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          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 willingness            





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