Janice G. Spencer and Fred E. Egerton - Page 7

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          unrelated to their gambling activity.  Petitioners also argue               
          that, if their gambling winnings have to be reported as income on           
          their tax return, then the losses should be allowed as deductions           
          on the Form 1040, or “above the line”.  The Court rejects that              
          argument because to treat the income and losses in that fashion             
          would effectively remove any distinction between a professional             
          gambler and a nonprofessional gambler.  Petitioners are in that             
          latter category, and their only entitlement to the deduction for            
          their gambling losses is the manner in which respondent                     
          determined it as an itemized deduction.  Petitioners have cited             
          no authority, and indeed there is no authority to support their             
          argument that unrelated income and credits are immune from the              
          effects of the manner in which respondent treated their gambling            
          winnings and losses.  The Court, therefore, sustains respondent.            
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


          Decision will be entered                                                    
                         for respondent.                                              














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