Winston Knauss - Page 19

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          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 if            






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