- 19 - circumstances that expenditures in fact occurred which lack only direct proof as to their amounts. Second, petitioner’s attempt to estimate his purported expenditures for capital improvements for the yachts is not reliable. Petitioner has proffered spreadsheets that purport to document the expenditures he incurred to complete certain other yachts that he arranged to have constructed in years after the construction of the vessels at issue. As best we understand petitioner’s argument, he contends that the expenditures he made to complete the later-built yachts provide a basis for estimating the capital expenditures he made with respect to the yachts at issue. However, petitioner’s analysis is fundamentally flawed. The later-built yachts were constructed pursuant to “cost-plus” contracts, whereas the yachts at issue were constructed pursuant to fixed-price contracts. The unchallenged testimony of an official at Marine Builders, Inc., was that under the “cost-plus” contracts, petitioner himself provided a greater portion of the material used in the vessel’s construction than under fixed-price contracts. Thus, it has not been shown that the expenditures that petitioner may have been required to incur in connection with the completion of a yacht under a “cost-plus” contract approximate the expenditures he would have incurred to obtain a completed yacht under a fixed-price contract. Moreover, even ifPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011