Winston Knauss - Page 34

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          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...)           





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