Leonard Rabinowitz and M. Carole Rabinowitz - Page 33

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          petitioners had a second home there, while petitioners stated                
          that the Aspen trips were to visit their flagship Carole Little              
          store to deliver or collect merchandise, check on merchandise or             
          store appearance, and discuss CFI matters with the store staff.              
          In any case, petitioners paid BHJ from their personal account for            
          the occasional personal trips they took on the Falcon, and CFI               
          paid for the trips characterized as having a business purpose.               
               Petitioners also often used Ms. Harrah’s jet for personal               
          travel when the Falcon was on charter or otherwise unavailable to            
          them.  CFI was the primary customer of the jet charter activity,             
          and petitioners both testified credibly as to the business                   
          purpose and nature of the CFI trips.                                         
               We are not convinced that either petitioner was an airplane             
          hobbyist or particularly enjoyed air travel, but we do recognize             
          that petitioners derived some benefit from the ability to use a              
          private jet occasionally for personal purposes.  We find                     
          petitioners’ use of the Falcon and the jet charter activity to be            
          primarily motivated by the needs of their CFI business.  This                
          factor supports a conclusion that petitioners engaged in the jet             
          charter activity for profit.                                                 
               10. Conclusion                                                          
               Mr. Rabinowitz testified that petitioners thought they could            
          enter the jet charter business, do it better than other charter              
          companies, and make money while doing it.  Petitioners used their            
          considerable business skills to attempt to make the business                 






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