Francis M. Gagliardi - Page 17




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         2000, and 2001, respectively,12 (2) all of the jackpots that he              
         won (as shown on Forms W-2G) gambling, and (3) all gross gambling            
         winnings won at the casinos not reported on the Forms W-2G.  Mr.             
         Gagliardi’s gambling losses for each of the years in issue                   
         exceeded the amounts of gambling losses respondent disallowed for            
         1999, 2000, and 2001.                                                        
                                       OPINION                                        
         I.  Deficiencies                                                             
              A.  Applicable Law                                                      
              Section 165(a) provides the general rule that there shall be            
         allowed as a deduction any loss sustained during the taxable year            
         and not compensated by insurance or otherwise.  Section 165(d)               
         limits the loss deduction of section 165(a), providing:  “Losses             
         from wagering transactions shall be allowed only to the extent of            
         the gains from such transactions.”                                           
              This is a substantiation case:  the issue is whether                    
         petitioner has substantiated the amounts of his gambling losses              
         to the extent disallowed by respondent.  We note that the amount             
         of gambling losses petitioner claimed and respondent disallowed              
         does not exceed the amount of gambling income reported by                    
         petitioner, conceded by petitioner, or determined by respondent              
         for 1999, 2000, or 2001, respectively.  Commissioner v.                      

               12  The cash withdrawals reflected in the gambling calendars           
          do not include the service charge per withdrawal incurred by Mr.            
          Gagliardi.                                                                  





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