Francis M. Gagliardi - Page 34




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         winnings and cash withdrawals at the casinos on slot machine                 
         play, the best methodology to accurately determine Mr.                       
         Gagliardi’s gambling losses for the years in issue would be to               
         determine the total amount of money wagered on slot machine play.            
         This methodology is substantially similar to the method Mr.                  
         Hunner used to compute Mr. Gagliardi’s gambling losses.                      
              E.  Lay Witness Testimonial Evidence                                    
              Mr. Hunner credibly testified that on the unique facts in               
         this case the methodology for determining and reporting gambling             
         losses was accurate.                                                         
              Ms. Serum corroborated the amount of time Mr. Gagliardi                 
         spent gambling at the casino slot machines during the years in               
         issue.  Ms. Serum corroborated that Mr. Gagliardi did not live a             
         lavish lifestyle during the years in issue.                                  
              F.  Conclusion                                                          
              At trial, respondent argued:  “When all of the facts of this            
         case are presented, only one thing is going to be certain--that              
         Mr. Gagliardi wants the Court to believe that his claimed losses             
         * * * were incurred because he says so.”26  (Emphasis added.)  We            
         disagree.  The voluminous contemporaneous and other documentary              
         evidence, the corroborating testimonial evidence of an eyewitness            

               26  Mr. Nicely stated that because Mr. Gagliardi gambled at            
          Indian Nation casinos, which are less uniform than casinos                  
          elsewhere, it is uncertain whether using a Players’ Club card on            
          a “class 2 machine”, or at an Indian Nation casino, could track             
          all of a player’s gambling.                                                 





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