Stanley B. and Rose M. Whitten - Page 12

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          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.                          




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