Winston Knauss - Page 32

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          the record, such as matching the checks to petitioner’s monthly             
          mortgage payment on his residence or to payments, such as for               
          marine architectural services, that had already been incorporated           
          in respondent’s determination of petitioner’s basis.  The                   
          remaining checks that could not be excluded on the foregoing                
          basis were treated as possible payments for capital improvements            
          to the vessels.                                                             
               On the basis of this methodology, respondent concluded that            
          petitioner could not have expended more than $46,507 for capital            
          improvements to the Sir Winston from the four checking accounts             
          he held during the 1-year period following the vessel’s                     
          acquisition.20  Upon careful review, we are convinced that                  
          respondent’s methodology is reasonable.21  Petitioner has not               

               20 This is the total from respondent’s description of his              
          analysis of the four checking accounts in the requested findings            
          of fact in his brief.  Elsewhere in the text of his brief, he               
          omits the checks from one account at the First Indiana Bank,                
          totaling $2,543.  By using the total from respondent’s requested            
          fact findings, we have resolved any ambiguity in petitioner’s               
          favor.                                                                      
               21 In his analysis of petitioner’s SunTrust Bank checking              
          account, respondent did not consider checks for less than $800,             
          based on the fact that petitioner’s capital improvements to the             
          vessels that had been substantiated were virtually always in                
          excess of that figure.  We are persuaded that this methodological           
          assumption was reasonable in the circumstances.  In any event,              
          even if all checks under $800 were treated as expended for                  
          capital improvements, there would still be substantial amounts of           
          claimed basis in the Sir Winston and Sir Winston II unaccounted             
          for, because the totals of the checks written for less than $800            
          during the 1-year periods after the acquisition of the Sir                  
          Winston and Sir Winston II were $86,010 and $98,278,                        
                                                             (continued...)           





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