Winston Knauss - Page 21

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          determined that the claimed capital improvements of $232,400                
          should be disallowed for lack of substantiation.                            
               The only substantiation of the $232,400 that has been                  
          offered by petitioner in this proceeding is a handwritten list of           
          capital improvements and their purported cost (totaling $232,400)           
          that he gave his return preparer in November 1995.  There are no            
          invoices or other supporting documentation for these claimed                
          expenditures.  Instead, petitioner again asserts his contention             
          that his records were stolen and claims entitlement to an                   
          estimate under the Cohan rule.                                              
               As with the claimed expenditures concerning the yachts,                
          there is no proof that expenditures of this nature were in fact             
          incurred, nor is there any evidence to support a reasonable                 
          estimate of the amount of these expenditures.  We accordingly               
          sustain respondent’s determination that $232,400 of petitioner’s            
          claimed basis be disallowed and petitioner’s gain on the sale be            
          increased in a corresponding amount.                                        
          Understatement of Income From Charter Business                              
               Taxpayers must maintain records sufficient to establish the            
          amount of income required to be shown on a return.  Sec. 1.6001-            
          1(a), Income Tax Regs.  In the absence of adequate records, the             
          Commissioner may reconstruct the taxpayer’s income by any                   
          reasonable method.  Estate of Rau v. Commissioner, 301 F.2d 51              
          (9th Cir. 1962), affg. T.C. Memo. 1959-117; Schellenbarg v.                 






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