- 8 - follows: Year Gross Income Total Expenses Net Loss 1999 $36,273 $41,866 $5,593 2000 40,863 54,049 13,186 Expenses consisted of advertising, automobile expenses, commissions and fees, depreciation, insurance, mortgage, legal and professional services, repairs and maintenance, taxes and licenses, meals and entertainment, utilities, and other expenses. In response to an audit for the years in issue, petitioners created on June 18, 2002, activity logs based on their contemporaneous work logs, receipts, photos, checkbook, and statements. These activity logs itemized the type of work petitioners allegedly performed in their sailboat charter business as follows: Year Total Hours Labor Hours[1]Travel Time Investment Time 1999 591.25 390.75 178 22.5 2000 616.38 406.5 178.38 31.5 [1]We note that many of the activity items are improperly categorized as labor hours. For instance, attending AYC meetings and barbecues are not labor services. In the notice of deficiency, respondent disallowed petitioners’ business losses. Respondent determined that petitioners’ sailboat charter business is a rental activity, and that petitioners’ business losses therefore constitute passive activity losses. Petitioners timely filed a petition with the Court disputing the determined deficiencies. Paragraph 4 of the petition states in part as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011