- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011