John D. Smith and Hazel B. Smith - Page 5

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          section 165(d) allows a taxpayer to deduct losses from gambling             
          transactions only to the extent of gains from such transactions.            
               Petitioners agree that all of their bingo winnings should              
          have been reported, but claim entitlement to a gambling loss                
          deduction not listed on their 1994 return.  At trial petitioners            
          explained that the amount of bingo winnings reported on their               
          1994 return was a net amount.  Mrs. Smith estimated that she                
          spent more than $100 per week to play bingo during 1994.  She               
          calculated her total bingo losses to be $6,900 for that year.               
          She computed her winnings to include the $12,600 reported on                
          Forms W-2G, plus $250 in other winnings received in $50 or $100             
          increments.  The amount of bingo winnings reported on                       
          petitioners' 1994 return was calculated by subtracting estimated            
          losses from estimated winnings.                                             
               Respondent argues that petitioners are not entitled to any             
          deduction for gambling losses because they failed to maintain               
          adequate books and records from which the extent of their bingo             
          winnings and losses during 1994 can be established.                         
               Section 6001 and the corresponding regulations require                 
          taxpayers to keep adequate records to substantiate their income             
          and deductions.  See also Rev. Proc. 77-29, 1977-2 C.B. 538.                
          When a taxpayer fails to keep records, but a court is convinced             
          that deductible expenditures were incurred, the court "should               
          make as close an approximation as it can, bearing heavily if it             





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