Kathleen Jackson - Page 5




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          (Nov. 6, 1985).  In these instances, the Court is permitted to              
          make as close an approximation of the allowable expense as it               
          can, bearing heavily against the taxpayer whose inexactitude is             
          of his or her own making.  Cohan v. Commissioner, supra at 544.             
          However, in order for the Court to estimate the amount of an                
          expense, the Court must have some basis upon which an estimate              
          may be made.  Vanicek v. Commissioner, supra at 742-743.  Without           
          such a basis, any allowance would amount to unguided largesse.              
          William v. United States, 245 F.2d 559, 560-561 (5th Cir. 1957).            
               The record provides no satisfactory basis for estimating               
          petitioner’s gambling losses.  See Stein v. Commissioner, supra.            
          Unlike cases such as Doffin v. Commissioner, T.C. Memo. 1991-114,           
          where evidence of the taxpayer’s lifestyle and financial position           
          allowed this Court to approximate unsubstantiated gambling                  
          losses, petitioner has failed to produce any evidence to                    
          corroborate her story.4  Consequently, the Court will not apply             
          the Cohan rule to estimate the amount of petitioner’s gambling              
          losses.                                                                     






               4  Petitioner asserted at trial that the difference between            
          her gambling income and the loss she substantiated was put back             
          into slot machines.  This testimony, standing by itself, does not           
          constitute a basis which would allow us to approximate                      
          petitioner’s gambling losses.                                               






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