- 9 - find that the yacht racing activity was not engaged in for profit. There was evidence that petitioners (1) did not operate Diane Racing in a businesslike manner, (2) were not experts regarding yacht racing (and that Mrs. Schwartz was not qualified to handle the financial aspects of Diane Racing), (3) did not devote a significant amount of time to Diane Racing, (4) were unsure whether the Diane would appreciate in value, and (5) derived personal pleasure from the yacht racing activity. The evidence also established that Diane Racing had a history of substantial losses (nearly $900,000 over 7 years) and did not have profits. Additionally, there was evidence that petitioners’ financial status (they earned over $2.18 million in wages and reported less than $2 million in total income during the years in issue) allowed them to operate Diane Racing without intending to make a profit. Furthermore, in Schwartz I, we found that petitioners derived personal pleasure from the yacht racing activity. At trial, the Court had to determine the credibility of the witnesses, including petitioners, and reconcile the conflicting documentary and testimonial evidence. See Johnson v. Commissioner, T.C. Memo. 1999-237, affd. without published opinion 246 F.3d 674 (9th Cir. 2000). Although we found petitioners to be credible witnesses, on the basis of thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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