Csaba L. Magassy and Frances H. Magassy - Page 24

                                       - 24 -                                         
               Although petitioner, at the time of his purchase in 1990,              
          may have had an expectation that the Feadship would appreciate in           
          value, the evidence before us establishes that petitioner had no            
          such expectation during 1995, 1996, and 1997.  In December of               
          1994, petitioner listed the Feadship for sale at $2.4 million.              
          As discussed previously, this amount was significantly less than            
          petitioner’s cumulative purchase and restoration costs relating             
          to the Feadship.                                                            
               As stated, petitioner acknowledged that the purpose of                 
          chartering the Feadship in 1995, 1996, and 1997 was to offset the           
          costs of operating the Feadship while it was listed for sale.  As           
          one of petitioners’ witnesses testified, “if * * * you charter a            
          boat, you can make a couple of bucks * * *.”                                

          Time and Effort Expended by Petitioners                                     
               A profit objective may be indicated by the amount of                   
          personal time and effort a taxpayer devotes to carrying on an               
          activity.  Sec. 1.183-2(b)(3), Income Tax Regs.  Petitioner’s               
          time during the years at issue was largely devoted to his medical           
          practice, allowing petitioner little time to devote to matters              
          relating to the restoration and to the charter of the Feadship.             
               Mrs. Magassy’s efforts relating to the interior design of              
          the Feadship occurred well after the major costs of the                     
          restoration on the Feadship had been incurred.  Her efforts do              
          not establish an overall profit objective for petitioner or for             







Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011