- 12 - Rept. 558, 73d Cong., 2d Sess. (1934), 1939-1 C.B. (Part 2) 586, 605. It is within this relative vacuum of authority that petitioners rely on Kozma v. Commissioner, T.C. Memo. 1986-177, as support for their position that the expenses disputed herein constitute wagering losses under section 165(d). As explained below, petitioners' reliance on Kozma v. Commissioner is misplaced. In Kozma v. Commissioner, supra, the taxpayer, an individual engaged in the trade or business of gambling, enjoyed gross gambling winnings (gross receipts) of $9,750 and $15,191 for 1980 and 1981, respectively. However, after combining the amounts that he paid for wagering tickets with business expenses for transportation, depreciation, meals and lodging, admission fees, and office supplies, the taxpayer reported net losses in respect of his gambling business for both 1980 and 1981.12 The Commissioner issued a notice of deficiency disallowing the losses claimed by the taxpayer on the ground that gambling losses are 12 The taxpayer paid $9,506 and $14,085 for wagering tickets in 1980 and 1981, respectively, leaving him with a gross profit from gambling of $244 and $1,106 for 1980 and 1981, respectively. In addition, the taxpayer incurred business expenses for transportation, depreciation, meals and lodging, admission fees, and office supplies in the amounts of $3,468 and $8,148 for 1980 and 1981, respectively. After subtracting both the cost of his wagering tickets and his business expenses, the taxpayer reported a net loss from gambling in the amount of $3,244 and $7,042 for 1980 and 1981, respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011