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total numbers of documented days Mr. Gagliardi was at the
casinos:5
Month 1999 2000 2001
January 13 26 24
February 4 18 21
March 8 22 24
April 19 20 27
May 16 24 19
June 12 25 21
July 22 22 15
August 18 23 19
September 25 22 23
October 25 22 24
November 26 11 20
December 21 25 20
Total 209 260 257
In addition to the documented days, which are supported by a
summary calendar of Mr. Gagliardi’s Forms W-2G, Certain Gambling
Winnings, “jackpot” winnings, winnings of $1,200 or more, and
cash withdrawals at various casinos (the gambling calendars),6
Mr. Gagliardi gambled at the casinos on days not reflected on the
gambling calendars (i.e., in addition to the 209, 260, and 257
documented days for 1999, 2000, and 2001, respectively). Such
5 During January, February, and March of 1999, Mr.
Gagliardi was admitted into Sober Living by the Sea for his
gambling disorder. This accounts for the lower number of days
gambled during this period.
6 Petitioner attached gambling calendars as an appendix to
his opening brief. Attachments to a brief are not evidence. See
Rules 143(b), 151(e). The parties, however, stipulated the
gambling calendars, and the Court received them into evidence at
trial. Accordingly, we rely on the gambling calendars admitted
into evidence at trial and not the documents attached to
petitioner’s brief.
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Last modified: March 27, 2008