- 9 - Internal Revenue Code, the taxpayer is required to maintain records that are sufficient to enable the Commissioner to determine the correct tax liability. See sec. 6001; sec. 1.6001- 1(a), Income Tax Regs.; see also Rev. Proc. 77-29, 1977-2 C.B. 538 (providing guidance as to acceptable evidence for substantiating wagering wins and losses). Here, petitioners do not dispute that they failed to maintain records of their gambling activities. Accordingly, the burden of proof as to petitioners’ gambling losses is not placed on respondent, and petitioners bear the burden of substantiating the amount of any claimed gambling loss deduction. See Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. 540 F.2d 821 (5th Cir. 1976). Moreover, as discussed in greater detail below, although petitioners have introduced evidence substantiating some losses–- and respondent has conceded some losses--petitioners have failed to introduce credible evidence, as required by section 7491(a), 7(...continued) petitioners fail this requirement, having failed to produce any documents to substantiate their gambling winnings and losses after receiving from respondent a December 1998 letter regarding the examination of their 1996 Federal tax liabilities. Because we conclude that petitioners have failed the substantiation and record-keeping requirements of sec. 7491(a)(2)(A) and (B), we need not decide whether petitioners also fail the cooperation test. The benefits of sec. 7491 are also unavailable if the taxpayer fails certain net-worth limitations. See sec. 7491(a)(2)(C). Respondent does not argue that petitioners fail the net-worth limitations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011