- 14 - Kozma v. Commissioner can be distinguished on its facts from the present case. Nor are we persuaded that the legal holding in Kozma v. Commissioner, supra, is controlling in the present case. Rather, Kozma v. Commissioner stands for the narrow proposition that, in the case of a professional gambler, the limitation imposed under section 165(d) limiting wagering losses to wagering winnings overrides the deduction otherwise allowable under section 162(a) for ordinary and necessary business expenses. See Valenti v. Commissioner, T.C. Memo. 1994-483. Petitioners apparently believe that Kozma v. Commissioner, supra, together with the cases cited therein, stand for the proposition that all expenses related to a wagering activity are properly characterized as wagering losses under section 165(d). However, we do not glean from those cases any intention to eliminate the distinction between wagering losses, i.e., the amount of wagers or bets lost on wagering transactions, and expenses related thereto, e.g., expenses for transportation, meals, and lodging incurred to engage in wagering transactions. See Boyd v. United States, 762 F.2d 1369, 1372-1373 (9th Cir. 1985). Consistent with the foregoing, we conclude that wagering losses must be accounted for and reported separately from the expenses incurred by the taxpayer in order to engage in the underlying wagering transaction. In applying this rule to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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