Gregory Alberico - Page 8

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            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 other                                




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