Bill Remos - Page 8

                                        - 7 -                                         
          However, in order for the Court to estimate the amount of an                
          expense, the Court must have some basis upon which an estimate              
          may be made.  Vanicek v. Commissioner, 85 T.C. 731, 742-743                 
          (1985).  Without such a basis, any allowance would amount to                
          unguided largesse.  Williams v. United States, 245 F.2d 559, 560-           
          561 (5th Cir. 1957).  With these well-established propositions in           
          mind, we must determine whether petitioner has satisfied his                
          burden of proving that he is entitled to the claimed gambling               
          loss deductions mentioned above.                                            
               In order to establish entitlement to a deduction for                   
          wagering losses in this Court, the taxpayer must prove the losses           
          sustained during the taxable year.  Mack v. Commissioner, 429               
          F.2d 182 (6th Cir. 1970), affg. T.C. Memo. 1969-26; Stein v.                
          Commissioner, 322 F.2d 78 (5th Cir. 1963), affg. T.C. Memo. 1962-           
          19.  The taxpayer must also prove that the amount of wagering               
          losses claimed as a deduction exceeds the amount of the                     
          taxpayer’s gains from wagering transactions.  Sec. 165(d).                  
          Implicitly, this requires the taxpayer to prove both the amount             
          of losses and the amount of winnings.  Schooler v. Commissioner,            
          68 T.C. 867, 869 (1977); Donovan v. Commissioner, T.C. Memo.                
          1965-247, affd. per curiam 359 F.2d 64 (1st Cir. 1966).                     
          Otherwise, there would be no way of knowing whether the sum of              
          the losses deducted on the return is greater or less than the               
          taxpayer’s winnings.  Schooler v. Commissioner, supra at 869.               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011