- 22 - Mr. Hunner prepared net worth statements with supporting documents for each line item for Mr. Gagliardi as of December 31, 1998 through 2001 (net worth statements). The net worth statements were prepared using records from 1998, 1999, 2000, and 2001. The net worth statements reflect that Mr. Gagliardi did not have any unaccounted-for increase in his net worth from gambling activities for the years at issue. Respondent claims that the summaries of living expenses do not include expenses Mr. Gagliardi incurred. Respondent objected to the documents listing petitioner’s living expenses, stating: This is a document that respondent would have no way of corroborating whether it’s true or not. We simply have to rely on the testimony of Mr. Gagliardi. Again, this is not the way the government can do business is [sic] simply relying on people’s words. * * * [T]here’s just absolutely no way I could know whether that was a complete list or an incomplete list, whether that was true or not true. I certainly wasn’t with Mr. Gagliardi during that time period.[15] 15 Ironically, the same could be said for a gambling log. Additionally, respondent’s counsel claimed that the Government cannot shoulder the burden of doing a net worth analysis in a case such as this. The Commissioner is not required to use indirect methods of proof to establish the amount of a gambler’s losses. The evidence the Commissioner wishes to present and the expense and effort the Commissioner wishes to spend on any given case lie with the Commissioner. We note, however, that the Commissioner routinely uses the net worth method to reconstruct income in unreported income cases. See Holland v. United States, 348 U.S. 121 (1954). Furthermore, respondent’s counsel did not understand the difference between games of skill and games of chance and could not answer whether Rev. Proc. 77-29, 1977-2 C.B. 538 (the revenue (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: March 27, 2008