- 15 - Net Operating Loss Carryback Petitioner timely filed a Form 1045, Application for Tentative Refund, claiming an adjustment to his 1991 Federal income tax based on a net operating loss from 1994. Books and Records Petitioner did not produce books and records in support of his yacht purchases or sales, his yacht charter business, his real estate transactions, or any of his personal financial transactions. When petitioner and his ex-wife, a school teacher, separated in February 1995, she took records related to their joint checking accounts with NBD Bank8 and SunTrust Bank. In March 1997, following a period of reconciliation but pending their final divorce, petitioner’s ex-wife again took joint checking account records. OPINION Gain From Sale of Yachts Respondent determined that petitioner overstated his basis, and therefore had unreported gain, in the amounts of $156,848,9 $527,074, and $615,119 in 1994, 1996, and 1997, respectively, from the sale of a yacht in each year. In reaching his determination of petitioner’s basis, respondent used the sum of 8 Petitioner’s ex-wife also refers to an account at Summit Bank, which was acquired by NBD Bank sometime in or around 1993. 9 As noted, respondent conceded in his answer that the amount of unreported gain was $1,000 less, or $155,848.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011