Gary W. and Darlene E. White - Page 9

                                        - 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