Traci A. Tomko and Ronald R. Tomko - Page 6

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          end of their sessions of playing the slot machines, and they                
          claim they did not not leave a casino with any of the cash they             
          had originally withdrawn except when they hit a payout of more              
          than $1,200.  We are particularly bothered by this explanation.             
          Although the odds are in a casino’s favor, it does not                      
          necessarily follow that there are no days when a player comes out           
          ahead.  Given the uncertainty of petitioners’ records, and the              
          certainty that there must have been some losses, we find that               
          petitioners did suffer total gambling losses of $40,000 in 2001.            
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        under Rule 155.                               
























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