John David Zielonka - Page 6

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          basis upon which an estimate may be made.  Vanicek v.                       
          Commissioner, 85 T.C. 731, 743 (1985).  Without such a basis, any           
          allowance would amount to unguided largesse.  Williams v. United            
          States, 245 F.2d 559, 560 (5th Cir. 1957).                                  
               At trial, petitioner admitted that he could not remember               
          whether he maintained contemporaneous records of his gambling               
          activity for 1989.  At trial, petitioner also admitted that                 
          although he maintained records of his gambling activity for 1992,           
          such records were inaccurate.  In any event, petitioner did not             
          provide the Court with any records or documentation whatsoever              
          regarding his gambling activity for either 1989 or 1992.  The               
          only evidence presented by petitioner to support the deductions             
          for gambling losses was petitioner's own testimony.                         
               We recognize that petitioner must have sustained some losses           
          in view of his substantial gambling activity.  However, we are              
          reminded of petitioner's testimony that petitioner estimated a              
          portion of the gambling winnings reported on his 1992 return.               
          Moreover, the gambling winnings that were reported on the 1989              
          return appear to represent only those winnings for which Forms W-           
          2G were issued.  Thus, we have no assurance that petitioner                 
          reported all of his gambling winnings.  This uncertainty,                   
          together with the complete absence of any documentation or other            
          credible corroborating evidence concerning petitioner's gambling            
          activity, precludes us from estimating petitioner's alleged                 





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