Francis M. Gagliardi - Page 20




                                       - 20 -                                         
         “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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