Gregory Alberico - Page 6

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            handling his case.  Petitioner did not ask for nor receive a                                
            receipt for these documents.  Several weeks later, petitioner                               
            received a phone call from his accountant informing him that                                
            Mr. Ellison could not locate the programs that petitioner claims                            
            to have delivered to the Internal Revenue Service.  Petitioner                              
            contends that the Internal Revenue Service lost his records when                            
            they remodeled and moved the tax auditor's office to a different                            
            part of the IRS building.  Neither party introduced evidence that                           
            petitioner's programs were ever found.                                                      
                  While petitioner claims that he and an adult daughter gave a                          
            complete set of records to respondent, nothing in the record                                
            corroborates it.  Additionally, petitioner's daughter never                                 
            testified, nor did the gentleman handing out the tax forms in the                           
            lobby of the Internal Revenue Service office building.                                      
                  Based on the programs for January to June of 1991 that                                
            respondent had received, respondent extrapolated the amount of                              
            payouts of less than $1,000 ("small" winnings) for the period                               
            without programs (July to December 1991) by applying the ratio of                           
            "small" winnings to Form W-2G winnings from the period with pro-                            
            grams, to the Form W-2G winnings.  Respondent then added this                               
            amount, plus the winnings reported on the Form W-2G, the "small"                            
            winnings reported in petitioner's programs, and petitioner's slot                           
            machine winnings to determine petitioner's total gambling                                   
            winnings.                                                                                   






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