Winston Knauss - Page 17

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          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.                                        





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