Leonard Rabinowitz and M. Carole Rabinowitz - Page 34

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          profitable.  Petitioners set competitive rates for the jet                   
          charter activity, advertised the jet charter activity, and                   
          solicited business from other jet owners.  Petitioners kept                  
          voluminous books and records and maintained the FAA certificate              
          required to sell charters to third parties.  Petitioners made                
          modifications to their business plan to attract more charter                 
          business.  Petitioners successfully showed a general trend of                
          decreasing losses throughout the relevant years, despite negative            
          publicity and FAA-mandated additional safety requirements for                
          their jet.  Most importantly, we found petitioners’ testimony                
          reliable and credible.                                                       
               The nine nonexclusive factors and the facts and                         
          circumstances of this case lead us to conclude that petitioners              
          engaged in the jet charter activity with the primary, predominant            
          and principal purpose and intent of realizing an economic profit             
          independent of tax savings during the relevant years.  We                    
          therefore find that petitioners have met their burden of proving             
          the requisite motive for their jet charter activity.                         
               Accordingly, we do not sustain respondent’s determination in            
          the notice of deficiency.                                                    
               To reflect the foregoing in favor of petitioners and the                
          concessions of the parties,                                                  

                                                    Decision will be entered           
                                               under Rule 155.                         







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Last modified: May 25, 2011