Terri L and Austin W. Hartsock - Page 14

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          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.                                                                     





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