- 24 - reflected on Forms W-2G). Respondent did not determine in the notice of deficiency, assert in the answer, or pursuant to Rule 41 move to amend the pleadings to assert that Mr. Gagliardi had any unreported gambling winnings for the years in issue. Generally, we will not consider issues that are raised for the first time at trial or on brief. See Foil v. Commissioner, 92 T.C. 376, 418 (1989), affd. 920 F.2d 1196 (5th Cir. 1990); Markwardt v. Commissioner, 64 T.C. 989, 997 (1975). Accordingly, respondent’s proposed findings of fact regarding whether Mr. Gagliardi underreported his gambling winnings in amounts greater than those determined in the notice of deficiency for the years in issue are specious.16 D. The Expert Witnesses Respondent also attempted to discredit the two expert witnesses that testified at trial. 1. Dr. Suzanne Pike Dr. Suzanne Pike, a clinical psychologist with over 25 years’ experience who specializes and has extensive experience in treating patients with gambling disorders (over 500 such patients), testified as an expert witness on behalf of 16 To the extent that respondent’s briefs might be construed as respondent’s arguing for an increased deficiency, we will not consider such arguments even if they are raised in respondent’s briefs. See Foil v. Commissioner, 92 T.C. 376, 418 (1989), affd. 920 F.2d 1196 (5th Cir. 1990); Markwardt v. Commissioner, 64 T.C. 989, 997 (1975).Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: March 27, 2008