- 12 - in connection with making property available for use by customers only if the services provided in connection with the use of the property are performed by individuals, and the use by customers of the property is incidental to their receipt of such services. * * * Petitioners contend that several of the exceptions to the definition of a rental activity apply in this case. For 2000, petitioners contend that the average rental period was less than 7 days. For both 1999 and 2000, petitioners contend that they personally contributed significant and extraordinary personal services. On the other hand, respondent contends that the average rental period was based on the contract between petitioners and AYC as lessee, and that petitioners did not contribute significant or extraordinary personal services. We agree with respondent. The yacht owners’ contract concerning Moonshadow was an annual exclusive lease agreement between petitioners and AYC, which was automatically renewable each year unless otherwise terminated. AYC is a professional organization engaged in the charter boat business. Under the terms of the contract, petitioners leased Moonshadow to AYC, granted AYC possession, dominion, and control over Moonshadow, and gave AYC the exclusive right to sublease Moonshadow to third-party bare boat charterers for the entire year. AYC would then enter into individual charter contracts with third parties. Petitioners were not a party to the individual charter contracts, and, indeed,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