- 17 - have purchased only winning tickets, the Court applied the rule of Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), to estimate the amount of the taxpayer’s gambling losses. Unlike Doffin v. Commissioner, supra, this is not a case where the taxpayers had few assets, no income apart from gambling, and no significant accessions to wealth during the year at issue. Petitioners have admitted to an increase in their net worth for 1996 that corresponds roughly to the amount of unreported gambling income that respondent has determined. Petitioners introduced into evidence unaudited statements of financial position, purporting to show the change in their net worth during 1996. These documents indicate that during 1996 petitioners’ net worth increased by $89,503 (from $542,275 to $631,778). These documents indicate that during 1996 petitioners purchased, among other things, a new Chevrolet Suburban and a motorcycle, and that the value of their interest in Mega increased by some $70,000 during 1996.13 In short, we are unable to conclude on the basis of the evidence in the record that petitioners’ significant accessions to wealth in 1996 were not 13 Although petitioners testified that they did not put any gambling winnings into Mega, we note that in 1996 Mega paid Laura $24,000, even though she performed no services for Mega. In this regard, Paula testified that Mega “paid my husband and I, since we owned the company * * * they wrote us a check. But I didn’t do anything.” These peculiar circumstances raise the suggestion, if not the likelihood, that Mega’s assets and petitioners’ separate assets were to some degree fungible.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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