- 35 -
to petitioner’s gambling and daily activities during the years in
issue and of petitioner’s return preparer, and the testimonial
evidence of two experts in addition to petitioner’s testimony
substantiate and establish that petitioner incurred the
disallowed gambling losses.
We conclude that petitioner substantiated the amount of
disallowed gambling deductions in issue (i.e., in excess of the
amount respondent conceded--see supra pp. 16-17). Accordingly,
we do not sustain respondent’s disallowance of the gambling loss
deductions Mr. Gagliardi claimed for 1999, 2000, and 2001. See
also Jackson v. Commissioner, T.C. Memo. 2007-373 (“At trial,
respondent conceded that petitioner had presented sufficient
documentation to substantiate $127,165 in gambling losses”; “This
documentation consisted of casino ATM receipts, canceled checks
made payable to casinos, carbon copies of checks made payable to
casinos, and credit card statements stating that cash was
advanced at the casinos.”). But see, e.g., Hardwick v.
Commissioner, T.C. Memo. 2007-359 (distinguishable from the case
at bar because gambling losses disallowed because evidence was
inadequate to substantiate the claimed losses); Lutz v.
Commissioner, T.C. Memo. 2002-89 (same).
Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: March 27, 2008