Stanley B. and Rose M. Whitten - Page 11

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          this because such issue begs the question regarding the proper              
          characterization of the expenses incurred by petitioner in                  
          attending and participating in the "Wheel of Fortune" game show.            
          Consequently, we will focus our attention on the more pertinent             
          issue of whether the expenses in dispute can be characterized as            
          wagering losses within the meaning of section 165(d).                       
          Section 165(d) was originally codified as section 23(g) of                  
          the Revenue Act of 1934, ch. 277, tit. I, 48 Stat. 680, 689.11              
          Notwithstanding the long history of the section, the term                   
          "wagering losses" is not defined in either the Internal Revenue             
          Code or the regulations.  Nor is the term defined in the                    
          legislative history underlying section 165(d).  See H. Rept. 704,           
          73d Cong., 2d Sess. (1934), 1939-1 C.B. (Part 2) 554, 570; S.               




          10(...continued)                                                            
          the contestant may not pay or agree to pay money or valuable                
          consideration in connection with his or her appearance on the               
          program.  In other words, no bet or wager between "Wheel of                 
          Fortune" and the contestant is permitted.  Moreover, if                     
          petitioner's contention was correct and if a contestant's                   
          appearance on "Wheel of Fortune" constituted a wagering                     
          transaction governed by the provisions of sec. 165(d), then so              
          would any other activity where there was an element of risk, such           
          as investing in the stock market or traveling cross-country for a           
          job interview.  See Jasinski v. Commissioner, T.C. Memo. 1978-1             
          (investing in capital assets is not a wagering transaction within           
          the meaning of sec. 165(d)).                                                
          11  Sec. 23(g) of the Revenue Act of 1934 was subsequently                  
          redesignated as sec. 23(h) by the Revenue Act of 1938, ch. 289,             
          52 Stat. 447, 461, and continued as such in the 1939 Code until             
          enacted as sec. 165(d) in the 1954 Code.                                    




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