- 31 - 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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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