Leonard Rabinowitz and M. Carole Rabinowitz - Page 20

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          Petitioners were concerned about the presence of a jet on CFI’s              
          balance sheet.  Petitioners ensured the activities were treated              
          separately as long as they existed.  Accordingly, petitioners                
          caused BHJ to invoice CFI for, and CFI to pay for, each of CFI’s             
          charter flights on the Falcon.                                               
               After reviewing the above factors and the facts and                     
          circumstances of this case, we find it is inappropriate to treat             
          BHJ and CFI as one activity for purposes of applying the section             
          183 rules.  See Schlafer v. Commissioner, T.C. Memo. 1990-66;                
          sec. 1.183-1(d)(1), Income Tax Regs.  Accordingly, we shall                  
          examine whether petitioners engaged in the jet charter activity              
          for profit without consideration of whether petitioners engaged              
          in CFI for profit. See sec. 1.183-1(d)(1), Income Tax Regs.                  
          C.   Whether Petitioners Engaged in BHJ for Profit                           
               In determining whether petitioners engaged in the jet                   
          charter activity for profit, we structure our analysis around                
          nine nonexclusive factors.  Sec. 1.183-2(b), Income Tax Regs.                
          The nine factors are:  (1) The manner in which the taxpayer                  
          carries on the activity; (2) the expertise of the taxpayer or his            
          or her advisers; (3) the time and effort expended by the taxpayer            
          in carrying on the activity; (4) the expectation that the assets             
          used in the activity may appreciate in value; (5) the success of             
          the taxpayer in carrying on other similar or dissimilar                      
          activities; (6) the taxpayer’s history of income or loss with                
          respect to the activity; (7) the amount of occasional profits, if            
          any, which are earned; (8) the financial status of the taxpayer;             





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