- 6 - basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Without such a basis, any allowance would amount to unguided largesse. Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). At trial, petitioner admitted that he could not remember whether he maintained contemporaneous records of his gambling activity for 1989. At trial, petitioner also admitted that although he maintained records of his gambling activity for 1992, such records were inaccurate. In any event, petitioner did not provide the Court with any records or documentation whatsoever regarding his gambling activity for either 1989 or 1992. The only evidence presented by petitioner to support the deductions for gambling losses was petitioner's own testimony. We recognize that petitioner must have sustained some losses in view of his substantial gambling activity. However, we are reminded of petitioner's testimony that petitioner estimated a portion of the gambling winnings reported on his 1992 return. Moreover, the gambling winnings that were reported on the 1989 return appear to represent only those winnings for which Forms W- 2G were issued. Thus, we have no assurance that petitioner reported all of his gambling winnings. This uncertainty, together with the complete absence of any documentation or other credible corroborating evidence concerning petitioner's gambling activity, precludes us from estimating petitioner's allegedPage: Previous 1 2 3 4 5 6 7 8 9 Next
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