- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011