Lee F. Haney, Sr., and Jean C. Haney, a.k.a. Jeanie Haney - Page 28




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          76 F.3d 378 (6th Cir. 1996).  Furthermore, the evidence                     
          establishes that B&H would have made the required monthly                   
          payments regardless of petitioner’s racing activities.                      
               All expense deductions claimed by Flair Racing for the years           
          in issue were either nondeductible personal expenses of                     
          petitioners and their family or business expenses of Flair                  
          Enterprises.  Petitioners claimed deductions on Flair Racing’s              
          returns for improvements to land where petitioners and their two            
          sons built their personal residences, the purchase and repair of            
          a Harley Davidson motorcycle, and depreciation and repair                   
          expenses incurred with respect to the Legends race cars and                 
          trailer.  Additionally, petitioners deducted on Flair Racing’s              
          tax returns the interest paid on their residential mortgage                 
          secured by the 80-acre tract of land.                                       
               Because we have concluded that Flair Racing was not                    
          conducting business during the years in issue, it is not entitled           
          to any business expense deductions related to any alleged racing            
          or advertising activities.  We are convinced that petitioners               
          reported income as paid to Flair Racing in order to disguise the            
          personal nature of expenses related to the Legends race cars and            
          the 80-acre tract of land on which the personal residences of               
          petitioners and their two sons sit.  Petitioners’ inclusion of              
          the mortgage interest deduction related to their personal                   
          residence and surrounding land on Flair Racing’s tax returns is             







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