Stanley B. and Rose M. Whitten - Page 7

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          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 statement             





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