- 34 - his acquisition of the Sir Winston. While we find respondent’s effort to classify the credit card expenditures less persuasive, this is no help to petitioner. Even if all credit card expenditures during the period ($29,917) are treated as having been for capital improvements (a highly unrealistic assumption in petitioner’s favor), this would still leave a substantial amount of claimed basis in the Sir Winston unaccounted for. That is, if the $29,917 in petitioner’s credit card expenditures is added to the $195,799 in checks that could have been for capital improvements, the $225,716 total still falls substantially short of accounting for the $527,074 in reported basis that petitioner has not been able to substantiate. In sum, even under assumptions that are extremely favorable to petitioner, the possible capital improvement expenditures traceable through petitioner’s checking and credit card accounts cannot explain almost $300,000 in claimed basis. This leaves only cash transactions to account for this amount, a premise we do not believe. Consequently, we conclude that respondent has shown by clear and convincing evidence that petitioner had an underpayment for 1996, attributable to a failure to report a substantial amount of gain on the sale of the Sir Winston.22 22 In reaching our conclusion that respondent has clearly and convincingly shown that petitioner overstated his basis in the Sir Winston by a substantial amount, we are mindful of the fact that petitioner took possession of the vessel before the (continued...)Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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