- 7 - 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 convincedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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