Timothy E. Butler - Page 14

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          Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930).  In order           
          to do so, however, we must have some basis in fact upon which an            
          estimate can be made, Vanicek v. Commissioner, 85 T.C. 731, 743             
          (1985); otherwise, any allowance would amount to unguided                   
          largesse, Williams v. United States, 245 F.2d 559, 560 (5th Cir.            
          1957).  Here, however, we have no basis whatsoever on which to              
          make a reasonable estimate.  Accordingly, we sustain respondent's           
          determination on this issue.                                                
               Issue (4): Gambling Loss - 1993                                        
               Petitioner claimed a deduction for a gambling loss in the              
          amount of $5,000 on his Schedule A for 1993.                                
               Petitioner contends that he lost money gambling in 1993 and            
          is therefore entitled to deduct his loss.  Respondent contends,             
          inter alia, that because petitioner did not report any gambling             
          winnings in 1993, petitioner is not entitled to deduct any                  
          gambling loss for that year.  We agree with respondent.                     
               Section 165(d) provides for a deduction for losses from                
          gambling transactions but only to the extent of gains from such             
          transactions.  Sec. 165(d); sec 1.165-10, Income Tax Regs.  In              
          other words, a taxpayer is not entitled, as a matter of law, to             
          deduct a net gambling loss.  Therefore, because petitioner did              
          not report any gambling winnings on his income tax return for               
          1993, he is not entitled to any deduction for a gambling loss in            
          that year.                                                                  






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