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“2001 Summary of Gaming Activities” which included: (1)
Supporting exhibits evidencing Mr. Gagliardi’s Form W-2G jackpot
winnings, (2) supporting exhibits evidencing cash withdrawals
made by Mr. Gagliardi at various casinos, and (3) the gambling
calendars.13 The summaries of gaming activities list living
expenses of $331,341, $251,943, $210,334 for 1999, 2000, and
2001, respectively.14 The summaries of gaming activities were
prepared using original, contemporaneous records from 1999, 2000,
and 2001.
Petitioner submitted as evidence his bank statements,
including various canceled checks, covering 1999, 2000, and 2001.
Cash withdrawals he made during the years at issue at the various
casinos were marked on the bank statements. Also included were
checks he cashed at the various casinos.
Petitioner submitted as evidence his credit card statements
for 1999, 2000, and 2001. Cash withdrawals he made during the
years at issue at the various casinos via his credit cards were
marked on the credit card statements.
13 Mr. Hunner testified that the casinos are not
cooperative in providing records about players’ gambling, that
the casino personnel stated that they do not keep much
documentation regarding a player’s gambling, and that the casinos
do not retain the videos they shoot.
14 Additionally, during the years in issue, approximately
$145,000 from Mr. Gagliardi’s lottery proceeds, his Federal tax
refunds, and the proceeds from the sale of his investments were
available to Mr. Gagliardi to gamble with or use for living
expenses. See cashflow analysis, infra p. 21.
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Last modified: March 27, 2008