Juan Rodriguez - Page 16




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                  A    I'll bet anything.                                             
                  Q    -–anything and lose, correct?                                  
                  A    Anything you could bet.                                        

             When asked whether he reported "income" from those                       
             activities, he gave the following vague testimony:                       

                  Q    Okay.  But you don't have any of that income                   
                       listed on your 1991 tax return; is that                        
                       correct?                                                       
                  A    Well, there wasn't any at that time.  I was                    
                       with the FBI at all times.  Being with the                     
                       FBI, they were with me.  I didn't list                         
                       anything because we would be at the casinos.                   
                       We would take drug dealers to the casinos.                     
                       And I was always with two agents and I was                     
                       always risking my life every time I went                       
                       out because the FBI was a mile away from me.                   
                  Q    Thank you.  But you had other gambling wins                    
                       that you did not report?                                       
                  A    I don't think so.  I lost that year, because                   
                       I was winning, too.                                            

                  There is no evidence in the record that gives us a                  
             basis for determining or even guessing the amount of                     
             unreported gambling winnings earned by petitioner during                 
             1991.  Accordingly, we find that petitioner has failed to                
             prove that the losses from wagering transactions claimed as              
             a deduction on his 1991 return do not exceed the gains from              
             such transactions, as required by section 165(d), and we                 








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