Mediaworks, Inc. - Page 11

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          290 U.S. 111, 115 (1933).  Petitioner also bears the burden of              
          proving its entitlement to any deduction claimed.  INDOPCO, Inc.            
          v. Commissioner, 503 U.S. 79 (1992); New Colonial Ice Co. v.                
          Helvering, 292 U.S. 435 (1934).                                             
               Petitioner argues that the evidence establishes that it used           
          the Centurion entirely for business and that it did not use the             
          Centurion at all for the purpose of entertainment, amusement, or            
          recreation.  Petitioner asserts that the Centurion was a business           
          facility with offices on board and that it also used the                    
          Centurion to film sailboat races and experiment with a digital              
          camera for the production of documentaries.  We disagree with               
          petitioner’s assertions as to its use of the Centurion.  On the             
          basis of the record before us, we are convinced that petitioner’s           
          use of the Centurion had little, if any, relationship to its                
          business but was primarily (if not solely) for the personal                 
          enjoyment, entertainment, amusement, and/or recreation of Roach,            
          an avid sailor and racer of yachts.6  We conclude that the                  

               5(...continued)                                                        
          Sec. 7491(a)(1) provides that the burden of proof shifts to the             
          Commissioner in specified circumstances.  Petitioner makes no               
          argument that sec. 7491(a)(1) applies to this case, and we                  
          conclude that it does not.  See, e.g., sec. 7491(a)(2) (sec.                
          7491(a)(1) applies with respect to an issue only if the taxpayer            
          meets certain requirements).                                                
               6 While Roach testified that the Centurion was purchased to            
          film documentaries on yacht racing, Roach’s longtime accountant,            
          Jung, made no mention of such a purpose during his testimony.               
          Nor did the minutes of petitioner’s board meetings make any                 
                                                             (continued...)           





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