Leonard Rabinowitz and M. Carole Rabinowitz - Page 22

                                         -22-                                          
          determining whether a taxpayer conducted an activity in a                    
          businesslike manner, we consider whether the taxpayer maintained             
          complete and accurate books and records, whether the activity was            
          conducted in a manner substantially similar to comparable                    
          businesses that are profitable, and whether changes were                     
          attempted to earn a profit.  Engdahl v. Commissioner, 72 T.C.                
          659, 666-667 (1979); sec. 1.183-2(b)(1), Income Tax Regs.                    
               Petitioners carried on the jet charter activity in a                    
          businesslike manner during the relevant years.  Petitioners                  
          sought and obtained a rule 135 certificate from the FAA that                 
          enabled them to operate BHJ as a third-party charter service.                
          The FAA required petitioners to keep a maintenance manual and an             
          operations manual and also required higher maintenance and pilot             
          training standards to maintain a rule 135 certificate.  The FAA              
          did not impose these requirements on enterprises not maintaining             
          a rule 135 certificate.  The FAA also required petitioners to                
          charge a Federal excise tax on all flights.  Petitioners kept                
          complete and accurate books and records for the jet charter                  
          activity and employed two bookkeepers approximately full time in             
          the aggregate on this activity during the relevant years.                    
               Petitioners advertised the jet charter activity through                 
          various means.  Mr. Rabinowitz solicited charter business from               
          owners of other aircraft.  Petitioners created flyers and                    
          advertisements (including an ad in The Air Charter Guide, a trade            
          publication), and paid the chief pilot on commission to solicit              
          charters.                                                                    





Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011