Francis M. Gagliardi - Page 24




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         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).                                      





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