- 8 - 1965-247, affd. per curiam 359 F.2d 64 (1st Cir. 1966). Otherwise, there would be no way of knowing whether the sum of the losses deducted on the return is greater or less than the taxpayer's winnings. Schooler v. Commissioner, supra at 869. Petitioner did not maintain a diary or any other contemporaneous record reflecting either his winnings or his losses from gambling during the 2000 taxable year. The only evidence presented at trial was petitioner's testimony, on which we decline to rely. Although the Court acknowledges that petitioner most likely had some gambling losses during the year, we are unable to determine (either with specificity or by estimation) the amount of those losses on the basis of the record at hand. Petitioner has not met his burden of proof on this issue. See Mayer v. Commissioner, T.C. Memo. 2000-295, affd. 29 Fed. Appx. 706 (2d Cir. 2002); Zielonka v. Commissioner, T.C. Memo. 1997-81; see also Finesod v. Commissioner, T.C. Memo. 1994-66. C. Petitioner's Business Losses The Schedule C attached to petitioner's "amended return" reported trade or business expenses that resulted in a loss of $11,900 for his newsstand business. Petitioner claimed entitlement to this business loss for the first time shortly before trial and argued the issue at trial. Respondent questioned petitioner regarding substantiation of the expenses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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