- 13 - allowable only to the extent of gambling winnings under section 165(d). In proceedings before this Court, the taxpayer argued that the expenses incurred for transportation, depreciation, meals and lodging, admission fees, and office supplies constitute business expenses under section 162(a), rather than wagering losses under section 165(d), and that such expenses are deductible by virtue of section 162(a) notwithstanding the limitation imposed by section 165(d). Focusing on the tension between section 162(a) and section 165(d), we held that the Commissioner was correct in disallowing the taxpayer's business expenses to the extent that those expenses generated an overall loss from the taxpayer's gambling business. In so holding, we relied on Estate of Todisco v. Commissioner, 757 F.2d 1 (1st Cir. 1985), affg. T.C. Memo. 1983- 247, and Offut v. Commissioner, 16 T.C. 1214 (1951), as well as the well-settled principle that a taxpayer cannot use a net operating loss from gambling to offset income from other sources or carry such a loss over or back to another taxable year. Unlike the taxpayer in Kozma v. Commissioner, supra, petitioner admits that he is not in the trade or business of gambling and that he did not incur losses or expenses in excess of his "wagering winnings". In this light, it is evident thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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