Stanley B. and Rose M. Whitten - Page 14

                                       - 14 -                                         

          Kozma v. Commissioner can be distinguished on its facts from the            
          present case.                                                               
          Nor are we persuaded that the legal holding in Kozma v.                     
          Commissioner, supra, is controlling in the present case.  Rather,           
          Kozma v. Commissioner stands for the narrow proposition that, in            
          the case of a professional gambler, the limitation imposed under            
          section 165(d) limiting wagering losses to wagering winnings                
          overrides the deduction otherwise allowable under section 162(a)            
          for ordinary and necessary business expenses.  See Valenti v.               
          Commissioner, T.C. Memo. 1994-483.  Petitioners apparently                  
          believe that Kozma v. Commissioner, supra, together with the                
          cases cited therein, stand for the proposition that all expenses            
          related to a wagering activity are properly characterized as                
          wagering losses under section 165(d).  However, we do not glean             
          from those cases any intention to eliminate the distinction                 
          between wagering losses, i.e., the amount of wagers or bets lost            
          on wagering transactions, and expenses related thereto, e.g.,               
          expenses for transportation, meals, and lodging incurred to                 
          engage in wagering transactions.  See Boyd v. United States, 762            
          F.2d 1369, 1372-1373 (9th Cir. 1985).                                       
          Consistent with the foregoing, we conclude that wagering                    
          losses must be accounted for and reported separately from the               
          expenses incurred by the taxpayer in order to engage in the                 
          underlying wagering transaction.  In applying this rule to the              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011