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Mr. Gagliardi did not take any vacations during the years in
issue.11 Mr. Gagliardi did not have time for or live a lavish
lifestyle as his life was playing slot machines at the casinos.
Mr. Gagliardi had his home foreclosed upon on at least two
occasions because he was too preoccupied gambling to make the
necessary mortgage payments to the bank.
Mr. Gagliardi’s children would fly down from Marin County
“every couple weeks” to stay with Mr. Gagliardi. Mr. Gagliardi
continued to gamble, even for long periods, while his children
came to visit him.
Gambling Log and Mr. Gagliardi’s Gambling Records
Mr. Gagliardi did not maintain a contemporaneous “gambling
diary” or a “gambling log” that reflected his winnings and losses
from gambling on the slot machines at the casinos. Mr.
Hunner did not advise Mr. Gagliardi to maintain a contemporaneous
gambling log or diary.
11 At one point during the years in issue, however, Mr.
Gagliardi and Ms. Serum were going to go to Las Vegas, Nevada.
While driving to Las Vegas, Mr. Gagliardi told Ms. Serum that he
had to go to the bathroom and they could stop at one of the
casinos so he could use the bathroom. Ms. Serum objected, but
they stopped at one of the casinos approximately 90 miles from
San Diego. Mr. Gagliardi quickly lost $10,000. After losing the
$10,000, and without using the bathroom, Mr. Gagliardi got back
in the car and he and Ms. Serum drove home.
On one Valentine’s Day, Mr. Gagliardi told Ms. Serum that he
rented a room at a five-star hotel for the weekend with the
Valentine’s Day package. Ms. Serum picked up Mr. Gagliardi, and
the next thing she knew he was driving towards San Diego to go to
one of the casinos to gamble.
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Last modified: March 27, 2008