Terri L and Austin W. Hartsock - Page 10

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          respondent under section 7491(a) with respect to the claimed                
          gambling loss deductions at issue.                                          
               We turn now to whether petitioners are entitled for each of            
          the years at issue to a gambling loss deduction in excess of the            
          deduction allowed by respondent for each such year.6  To support            
          their position that they are entitled to such a greater deduction           
          for each year at issue, petitioners rely on:  The testimony of              
          Mr. Hartsock; the respective Harrah’s substitute 1999 Forms W-2G            
          with respect to August 13 and 14 and September 4, 1999; Mr.                 
          Hartsock’s checks dated August 13, 1999, totaling $13,000 payable           
          to Marina Associates; Mr. Hartsock’s checks dated August 14,                
          1999, totaling $12,000 payable to Marina Associates; Mr.                    
          Hartsock’s $5,100 check dated August 14, 1999, payable to                   
          T.T.M.A., and certain documents (workpapers) that petitioners               
          prepared and that purport to show how petitioners estimated the             
          respective amounts of money that they gambled and lost in slot              
          machines at Harrah’s on each of those dates.                                
               Respondent counters that petitioners have failed to carry              
          their burden of showing that they are entitled for each of the              
          years at issue to a gambling loss deduction in excess of the                
          deduction allowed by respondent for each such year.  On the                 


               6Petitioners acknowledge, as they must, that they are enti-            
          tled for each of the years at issue to deduct gambling losses               
          only to the extent of their gambling winnings for each such year.           
          See sec. 165(d).                                                            





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