Gregory Alberico - Page 9

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            credible corroborating evidence concerning his gambling activ-                              
            ities affords the Court no opportunity to estimate petitioner's                             
            alleged sustained losses under the rule of Cohan v. Commissioner,                           
            supra.  Accordingly, we hold that petitioner has failed to carry                            
            his burden of proof with respect to the gambling loss substantia-                           
            tion issue and that his gross gambling winnings are taxable as                              
            determined by the Commissioner for the year in question.                                    
            1991 Taxable Year                                                                           
                  On his 1991 return, petitioner reported $203,567 in gambling                          
            winnings and $187,000 in losses.  Attached to the return were                               
            Forms W-2G reflecting $92,6265 in dog track winnings won by                                 
            petitioner and reported to respondent by the tracks.  After                                 
            audit, respondent determined that petitioner had failed to report                           
            $137,946 in gambling winnings.  Respondent also made a correla-                             
            tive adjustment, increasing petitioner's gambling losses by                                 
            $104,478.  Petitioner challenges the 1991 deficiency on the                                 
            grounds that respondent had no basis to suspect that petitioner                             
            earned more income than reported, respondent inappropriately and                            
            incorrectly applied extrapolation, and respondent is unable to                              
            establish, using a net worth method or any other method, that                               
            petitioner made or lost more than he reported on his 1991 Federal                           
            income tax return.                                                                          

            5The parties both stated that petitioner's Forms W-2G                                       
            attached to his 1991 Federal income tax return totaled $95,707 in                           
            dog track winnings.  However, the Forms W-2G attached to                                    
            petitioner's 1991 Federal income tax return received into                                   
            evidence totaled $92,625.70.                                                                



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