Gary W. and Darlene E. White - Page 15

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          (B), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25,                
          1988), do not apply in the instant case.                                    
               We now turn to the extraordinary services exception under              
          section 1.469-1T(e)(3)(ii)(C), Temporary Income Tax Regs., 53               
          Fed. Reg. 5702 (Feb. 25, 1988).  Respondent asserts that                    
          petitioners did not provide extraordinary personal services in              
          their sailboat charter business.  Petitioners, however, contend             
          that they provided extraordinary personal services by, for                  
          example, updating Moonshadow’s web page on AYC’s internet site,             
          searching for and acquiring proper repair parts, performing                 
          installations, repairs (e.g., repair of windlass) and routine               
          maintenance, and using an outstanding full-service charter broker           
          to facilitate the check-in and embarkation process.  Petitioners            
          argue that performing extensive work on Moonshadow to keep it in            
          pristine condition constitutes exceptional personal services.               
               The personal services provided by petitioners in conjunction           
          with AYC’s services clearly contributed to maintaining                      
          Moonshadow’s immaculate condition and to its marketability to               
          prospective charterers.  Such services, however, are not those              
          ordinarily contemplated under the extraordinary personal services           
          exception.  In other words, for that exception to be applicable,            
          the use by customers of the sailboat would have to be incidental            
          to the receipt of petitioners’ personal services.                           








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