John David Zielonka - Page 3

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               1.   General Background                                                
               Petitioner began gambling in 1974.  Sometime thereafter,               
          petitioner developed into a compulsive gambler.                             
               During 1989 and 1992, the taxable years in issue, petitioner           
          attended the dog and horse racing tracks on a regular and                   
          frequent basis.  During those years, petitioner gambled on a                
          full-time basis and was not otherwise gainfully employed.                   
               At trial, petitioner did not introduce any books or records            
          reflecting his gambling winnings and losses.  Petitioner does not           
          remember whether he maintained books or records reflecting his              
          gambling winnings and losses for 1989.  Petitioner maintained a             
          gambling log for 1992; however, such log was not accurate                   
          because, in petitioner's opinion, it was "time-consuming to * * *           
          make it precise".                                                           
          2.   The Income Tax Returns                                                 
               On his 1989 and 1992 Federal income returns, petitioner                
          identified his occupation as a "professional gambler" and                   
          reported gambling winnings in the amounts of $29,978 and                    
          $140,830, respectively.  Of the $140,830 reported as gambling               
          winnings on the 1992 return, $90,830 represent winnings for which           
          Forms W-2G were issued.  The remaining $50,000 represent                    
          petitioner's estimate of his winnings for that year.  Although              
          the record is not perfectly clear, it would appear that the                 







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