- 8 - that deductible expenditures were made, it "should make as close an approximation as it can, bearing heavily if it chooses upon the taxpayer whose inexactitude is of his own making." Here, the parties do not dispute that petitioner failed to produce any documents to support his claimed gambling losses for 1990. Rather, petitioner testified that, at one time, he had records, but either his ex-wife or her new husband had thrown them away. Thus, petitioner tries to fit within the framework of the rule of Cohan by laying the blame at the feet of his ex-wife. However, petitioner failed to call his ex-wife to testify. Thus, the Court did not have the opportunity to corroborate petition- er's story. Unless the court has some proof that the taxpayer is entitled to some deduction, the taxpayer should not be granted relief. Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). Additionally, where "'there are no reliable figures from which to calculate or extrapolate a reasonable estimate of * * * [a taxpayer's] losses'", no such adjustment is warranted. Metas v. Commissioner, T.C. Memo. 1982-36 (quoting Plisco v. United States, 306 F.2d 784, 787 (D.C. Cir. 1962)). Here, the only evidence presented to support petitioner's losses reported on his 1990 Federal income tax return was petitioner's own testimony. Thus, although it logically follows that petitioner must have sustained some losses considering his substantial gambling activity, the complete absence of any documentation or otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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