- 7 - Petitioners invoked this Court's jurisdiction by filing a timely petition for redetermination. After respondent filed her answer and petitioners filed a reply, petitioners filed a Motion for Summary Judgment, supported by a memorandum of law, an affidavit, and several exhibits. Petitioners contend that they are entitled to summary judgment because: Petitioner's winnings on the "Wheel of Fortune" television show were gambling winnings and that, accordingly, the Petitioner's expenses attributable to the winnings are aggregable with wagering losses and deductible pursuant to I.R.C. � 67(b)(3) and I.R.C. � 165(d), not subject to the 2-percent floor on miscellaneous itemized deductions, up to the amount that the aggregate amount does not exceed the amount of gambling winnings. [Fn. ref. omitted.] Notably, petitioners do not seek summary judgment with respect to the specific amount of petitioner's purported "wagering losses", but instead assume erroneously that said issue can be resolved under Rule 155. In this regard, petitioners' pending motion is more appropriately characterized as a motion for partial summary judgment. Respondent filed an objection to petitioners' motion along with her own Motion for Summary Judgment. Both documents were accompanied by a supporting memorandum of law and an affidavit. The parties' cross-motions for summary judgment were called for hearing in Washington, D.C. Both parties appeared and presented argument with respect to the motions. In addition to appearing at the hearing, petitioners filed a written statementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011