- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011