- 31 - net gambling losses from slot machine play Mr. Gagliardi claimed for 1999 and 2000 were significantly lower than the amount calculated by Mr. Nicely, and the amount claimed for 2001 was within the error range calculated by Mr. Nicely. Respondent attempted to discredit Mr. Nicely by questioning the formula Mr. Nicely used and Mr. Nicely’s assumptions24 by which he determined, in his expert opinion, that there was only an infinitesimal probability that Mr. Gagliardi won money (i.e., net) gambling on slot machines during the years in issue. 23(...continued) $802,921, and $1,170,140 in 1999, 2000, and 2001, respectively. See supra p. 14. Accordingly, Mr. Gagliardi’s net losses from gambling at the casinos on slot machines totaled $1,446,740 ($375,360, $532,869, and $538,511 for 1999, 2000, and 2001, respectively). This, however, does not include the $666,500 of State lottery winnings petitioner received each year during the years in issue. Commissioner v. Groetzinger, 480 U.S. 23, 32 n.11 (1987) (characterizing a State lottery as “public gambling” in a case treating gambling earnings as ordinary income); United States v. Maginnis, 356 F.3d 1179, 1183 & n.6 (9th Cir. 2004) (taxpayer’s lottery winnings enter into the sec. 165(d) calculation as wagering gains that taxpayer’s gambling losses at the casinos can be applied to in addition to taxpayer’s gambling winnings at the casinos); see supra p. 14. 24 For example, respondent took issue with the fact that Mr. Nicely assumed that Mr. Gagliardi played on average 7 hours per day on days Mr. Gagliardi gambled. We found that on days when he was at the casinos, Mr. Gagliardi spent at a minimum an average of 10 hours per day at the casinos. Accordingly, Mr. Nicely’s assumptions were conservative and reasonable. Using a lower number resulted in a greater likelihood that Mr. Gagliardi won money (i.e., net) gambling on slot machines--i.e., if Mr. Nicely had used 10 hours per day the figure he would have come up with would have made it even more improbable that Mr. Gagliardi won money (i.e., net) gambling on slot machines during the years in issue.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NextLast modified: March 27, 2008