Robert Schwartz and Diane Schwartz - Page 9

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          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 the                   






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