John David Zielonka - Page 4

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          gambling winnings reported on the 1989 return represent only                
          winnings for which Forms W-2G were issued.                                  
               On Schedule A of his 1989 and 1992 returns, petitioner                 
          deducted gambling losses in the amount of his reported winnings;            
          i.e., $29,978 and $140,830, respectively.                                   
               Petitioner filed his income tax returns for 1989 and 1992 in           
          April 1994.                                                                 
          3.   The Notice of Deficiency                                               
               In the notice of deficiency, respondent determined                     
          deficiencies in petitioner's Federal income taxes in the amounts            
          of $5,422 and $39,312 for 1989 and 1992, respectively.                      
          Specifically, respondent determined that petitioner failed to               
          substantiate his gambling losses.  Accordingly, respondent                  
          disallowed the gambling loss deductions claimed by petitioner on            
          Schedule A of his 1989 and 1992 returns.                                    
               In the notice of deficiency, respondent also determined                
          that, for 1989 and 1992, petitioner was liable for (1) additions            
          to tax under section 6651(a)(1) for failure to timely file income           
          tax returns and (2) accuracy-related penalties under section                
          6662(a) for negligence.                                                     
                                       OPINION                                        
          1.   Wagering Losses                                                        
               Section 165(d) provides for a deduction for losses from                
          gambling transactions to the extent of gains from such                      





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