- 17 - 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.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: March 27, 2008