- 16 -
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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