Gregory Alberico - Page 2

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            taxable years 1990 and 1991 under section 6662(a)1.  The issues                             
            for decision are:                                                                           
                  1. Whether petitioner is entitled to deductions for gambling                          
            losses during the tax year 1990.  We hold that he is not.                                   
                  2. Whether petitioner failed to report gambling winnings for                          
            the tax year 1991.  We hold that he did.                                                    
                  3. Whether a penalty should be imposed against petitioner                             
            under section 6662.  We hold that it should.                                                
                                          FINDINGS OF FACT                                              
                  Some of the facts have been stipulated and are so found.                              
            The stipulation of facts and the attached exhibits are incorpo-                             
            rated herein by this reference.  At the time the petition was                               
            filed, petitioner resided in Broomfield, Colorado.                                          
                  Petitioner is a professional gambler.  In 1972, after                                 
            serving three tours of duty in Vietnam, petitioner was stationed                            
            as the Post Adjutant of Rocky Mountain Arsenal in Denver,                                   
            Colorado.  It was at this time that petitioner's gambling                                   
            activity started.  By 1977, petitioner had developed a gambling                             
            addiction.  Petitioner was discharged from the military in 1978                             
            after being convicted of stealing Government property to support                            
            his gambling addiction.2  Petitioner was incarcerated twice for                             


            1All section references are to the Internal Revenue Code in                                 
            effect for the years in issue, unless otherwise indicated.                                  
            2Petitioner testified that he declared the money he received                                
            from the sale of the stolen Government property on his 1977                                 
            Federal income tax return.                                                                  



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