- 14 - support of their claim that they incurred gambling losses at Harrah’s during 2000.11 Based upon our examination of the entire record before us, we find that petitioners have failed to carry their burden of establishing 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. Accuracy-Related Penalty Respondent determined that petitioners are liable for each of the years at issue for the accuracy-related penalty under section 6662(a) because of negligence or disregard of rules or regulations under section 6662(b)(1). The term “negligence” in section 6662(b)(1) includes any failure to make a reasonable attempt to comply with the Code. Sec. 6662(c). Negligence has also been defined as a failure to do what a reasonable person would do under the circumstances. 11Assuming arguendo that petitioners had carried their burden of proof with respect to their claim that they had gam- bling losses for each year at issue in excess of the gambling losses allowed by respondent for each such year, on the record before us, we find that petitioners have failed to provide sufficient evidence on which the Court would be able to make an estimate of the total amount of gambling losses sustained for each such year. Cf. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). In this connection, we note that we find the cases on which petitioners rely here and in which the Court relied on Cohan to estimate the amount of gambling losses sus- tained in each such case to be materially distinguishable from the instant case and their reliance on those cases to be mis- placed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011