Winston Knauss - Page 31

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          Otsuki v. Commissioner, 53 T.C. 96, 106 (1969), respondent has              
          marshaled considerable affirmative evidence that petitioner                 
          substantially overstated the basis reported with respect to the             
          sale of the Sir Winston and Sir Winston II in 1996 and 1997,                
          respectively.                                                               
               In an effort to verify petitioner’s reported basis,                    
          respondent subpoenaed the records of the checking and credit card           
          accounts that petitioner indicated he maintained during the                 
          relevant periods.  Based on petitioner’s representation that the            
          capital improvements he made to the Sir Winston and Sir Winston             
          II were all made within the 1-year period following his                     
          acquisition of each vessel, respondent undertook an analysis of             
          all expenditures made during those periods through the checking             
          and credit card accounts then held by petitioner19 to identify              
          expenditures that could have been for capital improvements to the           
          vessels.  With respect to the checking accounts, respondent                 
          sought to identify checks for possible capital improvements by              
          excluding all checks that could not have been for that purpose.             
          Respondent first excluded all checks that, on their face, could             
          not have been for capital improvements, such as checks for                  
          utilities, docking fees, taxes, insurance, and the like.                    
          Respondent was able to exclude other checks based on evidence in            

               19 We note that respondent’s analysis covered records of               
          joint checking accounts that petitioner held with his ex-wife,              
          including those that she conceded taking.                                   





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