- 4 - transactions shall be allowed only to the extent of the gains from such transactions.” See also sec. 1.165-10, Income Tax Regs. Petitioners do not dispute that section 165(d) applies here. Respondent claims that petitioners’ records are insufficient to establish that they incurred any losses. To be sure, petitioners’ records leave something to be desired. Section 6001 and the regulations thereunder require that taxpayers keep adequate records to substantiate their income and deductions. When a taxpayer fails to keep adequate records, but a court is convinced that deductible expenses were made, the Court “should make as close an approximation as it can, bearing heavily if it chooses upon the taxpayer whose inexactitude is of his own making.” Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930). In cases involving gambling losses, this Court has invoked the Cohan rule when it is satisfied that a taxpayer has incurred some gambling losses. See Drews v. Commissioner, 25 T.C. 1354 (1956). The total amount petitioners attribute to their gambling activity is $46,542--$18,080 (Chase credit card), $19,800 (MBNA credit card), and $8,662 (bank account debit card). While this amount may have cycled through the casinos and the financial institution, we are not convinced that this amount represents petitioners’ gambling losses. According to their testimony, their losses were computed by the amount of cash they had at thePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011