Winston Knauss - Page 15

                                       - 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