William T. and Deborah S. Praytor - Page 5




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          affg. T.C. Memo. 1983-247 (holding that deductions for State                
          taxes attributable to gambling income are limited under section             
          165(d)); Kochevar v. Commissioner, T.C. Memo. 1995-607 (holding             
          that slot-machine players, even if considered to be in the trade            
          or business of gambling, could deduct gambling losses and                   
          expenses, including automatic teller machine charges, office                
          supplies, travel mileage, and meals, only to the extent of their            
          winnings); Valenti v. Commissioner, T.C. Memo. 1994-483 (holding            
          that a deduction for losses incurred in wagering transactions is            
          subject to section 165(d) regardless of the fact that the                   
          taxpayer was in the trade or business of gambling); Kozma v.                
          Commissioner, T.C. Memo. 1986-177 (construing the phrase “losses            
          from wagering transactions” as used in section 165(d) to include            
          expenses incurred by a professional gambler for transportation,             
          meals, lodging, admission fees, and office supplies).                       
               According to petitioners, the precedent established by the             
          Offutt line of cases should not be followed because the reasoning           
          expressed in those cases is based more upon a prejudicial view              
          towards gamblers and gambling than technical considerations.  We            
          disagree with the premise as well as the proposition.  We are               
          satisfied that following the precedent established by the above             
          line of cases leads to a result in this case that is supported by           
          the express language of section 165(d) and, although petitioners            
          suggest otherwise, entirely consistent with Congressional                   






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