Gregory Alberico - Page 7

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                  Likewise, based on the ratio of losses-to-winnings reflected                          
            in petitioner's dog racing programs for January to June of 1991,                            
            respondent determined that, for the additional gambling winnings                            
            determined by extrapolation, petitioner was entitled to addi-                               
            tional gambling losses, and respondent made such an adjustment in                           
            the notice of deficiency.                                                                   
                                               OPINION                                                  
            1990 Taxable Year                                                                           
                  Petitioner claimed $87,619 in gambling winnings and $78,864                           
            in gambling losses on his 1990 return.  After audit, respondent                             
            disallowed his claimed gambling losses in the notice of defi-                               
            ciency.  Petitioner bases his challenge to the 1990 deficiency on                           
            his claim for the Court to estimate his losses, citing Cohan v.                             
            Commissioner, 39 F.2d 540 (2d Cir. 1930).                                                   
                  Taxpayers have the burden of showing that they are entitled                           
            to a gambling loss deduction.  Norgaard v. Commissioner, 939 F.2d                           
            874, 878 (9th Cir. 1991), affg. in part, revg. in part T.C. Memo.                           
            1989-390.  Section 6001 requires taxpayers to keep adequate                                 
            records to substantiate their income and deductions.  See also                              
            sec. 1.6001-1(a), Income Tax Regs.  Absent production of adequate                           
            records sustaining a taxpayer's claimed losses, taxpayers are not                           
            entitled to any gambling deduction.  Norgaard v. Commissioner,                              
            939 F.2d at 878; Conley v. Commissioner, T.C. Memo. 1992-215.                               
            However, under the rule of Cohan v. Commissioner, supra at 543,                             
            when a taxpayer fails to keep records, but a court is convinced                             




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