Edward G Kurdziel is the only man in America licensed to fly a Fairey Firefly. He is also the only man in America who has a Firefly to fly.”
The Firefly entered service as a carrier-based fighter for the Royal Navy toward the end of the war (WW II - CTG), and became a specialist in antishipping and antisubmarine warfare.”
· Manner in which the activity is conducted
· Expertise of taxpayer or advisors
· Time and effort expended by taxpayer
· Success on carrying on other similar activities
· History of income or loss
· Amount of occasional profits, if any
· Taxpayer’s financial status
· Elements of personal pleasure or recreation
· Expectation that assets used in activity will increase in value
- Initially Captain Eddie had thought of selling rides. The Court was unimpressed. A moment’s research would have told him there was no chance the FAA would allow this.
- A businessperson would respond by revising the business plan. The Court was looking at things titled “Original Plan 1999-2000?,” which did not increase its confidence that Captain Eddie had landed on his feet.
- He had listed the activity on his personal tax return as “airplane leasing,” The Court was not humored, as nothing had ever been leased.
- He filed a local property tax exemption for the Firefly, stating that he was not using it for commercial purposes or holding it for sale.
- Oh oh
- If he had thought of selling the plane, he waited a long time – 2014 – before obtaining an appraisal. The Firefly was rocking it in the early aughts – many years before 2014.
It didn’t add up. The Court was bothered by the rides, as that would have taken minimal effort to discover. Why didn’t Captain Eddie entertain offers for the plane? Why would he sign property tax paperwork saying the plane was personal and not commercial-use or held for sale?