- 17 - returns. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. Mr. Lenzen testified that he kept the forms given to him by the casinos when he won money, but he “missed some of them” when he gave the accountant the information necessary for completing his tax returns. He kept no records of the losses he sustained. He admitted that he could have estimated the amounts from bank statements, but he did not. In some cases, we have allowed losses based on estimates where we are convinced a loss was sustained. See Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). There must be sufficient evidence in the record to prove that a loss was in fact sustained before we apply the Cohan rule. Polyak v. Commissioner, 94 T.C. 337, 345 (1990); Schooler v. Commissioner, 68 T.C. 867, 871 (1977). The Lenzens’ accountant testified that he reported the figures on the Lenzens’ 1999 return on the basis of the Lenzens’ oral statements to him and without substantiation. Mr. Lenzen’s testimony that he has never been a net winner at the casinos in any year is the only evidence in the record that the Lenzens sustained gambling losses in addition to those reported on their return. Mr. Lenzen’s testimony, uncorroborated by any documentation or even the testimony of Mrs. Lenzen, does not convince us that a loss was in fact sustained in 1999 and does not provide any details or evidence with which we might estimate the Lenzens’ additional losses. Therefore, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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