Francis M. Gagliardi - Page 18




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         Groetzinger, 480 U.S. 23, 32 n.11 (1987) (characterizing a State             
         lottery as “public gambling” in a case treating gambling earnings            
         as ordinary income); United States v. Maginnis, 356 F.3d 1179,               
         1183 & n.6 (9th Cir. 2004) (taxpayer’s lottery winnings enter                
         into the section 165(d) calculation as wagering gains that                   
         taxpayer’s gambling losses at the casinos can be applied to in               
         addition to taxpayer’s gambling winnings at the casinos).                    
              Our resolution of this dispute turns mainly on a                        
         determination of the credibility of the evidence presented.  The             
         determination of the truth of a matter on the basis of the oral              
         and documentary evidence “epitomizes the ultimate task of a trier            
         of the facts--the distillation of truth from falsehood which is              
         the daily grist of judicial life.”  See Diaz v. Commissioner, 58             
         T.C. 560, 564 (1972).  We “must be careful to avoid making the               
         courtroom a haven for the skillful liar or a quagmire in which               
         the honest litigant is swallowed up.  Truth itself is never in               
         doubt, but it often has an elusive quality which makes the search            
         for it fraught with difficulty.”  Id.; Hawkins v. Commissioner,              
         T.C. Memo. 1993-517, affd. without published opinion 66 F.3d 325             
         (6th Cir. 1995).                                                             
              We determine the credibility of each witness, weigh each                
         piece of evidence, draw appropriate inferences, and choose                   
         between conflicting inferences.  See Neonatology Associates, P.A.            
         v. Commissioner, 115 T.C. 43, 84 (2000), affd. 299 F.3d 221 (3d              







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