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LARO, Judge: This case was submitted to the Court without
trial. Rule 122(a). Robert Libutti petitioned the Court to
redetermine respondent's determinations with respect to his 1987,
1988, and 1989 Federal income taxes. Respondent determined that
petitioner was liable for the following income tax deficiencies,
additions to tax for delinquent filings under section 6651(a)(1),
additions to tax for substantial understatements of income tax
under section 6661, and an accuracy-related penalty for
substantial understatement of income tax under section 6662(a),
(b)(2), and (d):
Additions to Tax Penalty
Sec. Sec. Sec.
Year Deficiency 6651(a)(1) 6661 6662
1987 $171,386 $347,673 $42,666 ---
1988 272,298 125,036 68,075 ---
1989 314,792 27,297 --- $62,958
Following petitioner’s concession in his opening brief that
he is subject to the additions to tax under section 6651(a)(1),1
we must decide whether petitioner can deduct gambling losses to
the extent of the value of "complimentary" goods and services
1 Petitioner states in his brief that he cannot prove the
filing date of his 1987 or 1988 tax return. We consider this
statement as petitioner's concession of the allegation in his
pleading that the notice of deficiency as it relates to 1987 and
1988 is time barred under sec. 6501(a). See Rule 142(a); Mecom
v. Commissioner, 101 T.C. 374, 381-383 (1993) (discussion of the
time bar of sec. 6501(a), including the burden of proof with
respect thereto), affd. without published opinion 40 F.3d 385
(5th Cir. 1994).
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