- 32 - 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...)Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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