Alan D. Lenzen and Dianne Lenzen - Page 17

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          returns.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.  Mr.                
          Lenzen testified that he kept the forms given to him by the                 
          casinos when he won money, but he “missed some of them” when he             
          gave the accountant the information necessary for completing his            
          tax returns.  He kept no records of the losses he sustained.  He            
          admitted that he could have estimated the amounts from bank                 
          statements, but he did not.                                                 
               In some cases, we have allowed losses based on estimates               
          where we are convinced a loss was sustained.  See Cohan v.                  
          Commissioner, 39 F.2d 540 (2d Cir. 1930).  There must be                    
          sufficient evidence in the record to prove that a loss was in               
          fact sustained before we apply the Cohan rule.  Polyak v.                   
          Commissioner, 94 T.C. 337, 345 (1990); Schooler v. Commissioner,            
          68 T.C. 867, 871 (1977).  The Lenzens’ accountant testified that            
          he reported the figures on the Lenzens’ 1999 return on the basis            
          of the Lenzens’ oral statements to him and without                          
          substantiation.  Mr. Lenzen’s testimony that he has never been a            
          net winner at the casinos in any year is the only evidence in the           
          record that the Lenzens sustained gambling losses in addition to            
          those reported on their return.  Mr. Lenzen’s testimony,                    
          uncorroborated by any documentation or even the testimony of Mrs.           
          Lenzen, does not convince us that a loss was in fact sustained in           
          1999 and does not provide any details or evidence with which we             
          might estimate the Lenzens’ additional losses.  Therefore, the              






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