- 34 - 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: March 27, 2008