Robert Schwartz and Diane Schwartz - Page 6

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               4.   No lease agreements were entered into between Diane               
          Racing and petitioners regarding Diane Racing’s use of the Diane.           
               5.   Petitioners never formally documented any loans made by           
          them to Diane Racing.                                                       
               6.   No interest was charged on, no collateral was offered             
          for, and no repayments were made on the aforementioned loans.               
               7.   During the years in issue, petitioners did not maintain           
          complete records of the races in which the Diane competed.                  
               8.   The president of Diane Racing, petitioners’ son, was a            
          full-time medical student or medical resident during the years in           
          issue.                                                                      
               9.   During the years in issue, Diane Racing sustained over            
          $470,0005 in total losses compared with less than $41,000 of                
          income--i.e., Diane Racing’s losses were more than 10 times                 
          larger than its income.                                                     
               10.  The Diane is classified by the U.S. Coast Guard as a              
          recreational vessel.                                                        
               Furthermore, the documentary6 and testimonial evidence                 
          established, among other things, the following facts:                       



               5  The parties did not specifically stipulate the amount of            
          the loss for 1994.  The parties, however, stipulated Diane                  
          Racing’s tax return for 1994, which lists Diane Racing’s losses             
          for 1994.                                                                   
               6  We note that almost all of the exhibits were jointly                
          stipulated.                                                                 





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