- 17 - the records he claims she took, even though she appeared as a witness in this case. Moreover, some of the purportedly stolen records in fact turned up as part of petitioner’s evidence intended to document expenditures for yachts built in later years. That is, although petitioner claimed that the records substantiating claimed capital improvements to the Sir Winston II that he made from January 1996 to January 1997 were stolen, invoices for yacht-related expenditures dated within that period were offered by him into evidence for other purposes.12 Our conclusion that petitioner did not make the basis- generating expenditures that he claims is further buttressed by the fact that, although the unaccounted for expenditures range from $155,848 in 1994 to $615,119 in 1997, petitioner did not seek the testimony of, or even identify, a single vendor or service provider associated with a claimed capital improvement to any of the vessels at issue. Instead, he merely rested on his claim that records were stolen and made no effort, through the time of trial, to reconstruct those records through bank records or contacts with third-party vendors. Even if we accepted petitioner’s claim that his records were stolen, his attempt to estimate the expenditures so that we would 12 The same occurred with respect to purportedly stolen records substantiating capital improvements to the Sir Winston. Petitioner offered a yacht-related invoice dated Oct. 24, 1995, notwithstanding his claim that records covering the period including this date had been stolen.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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