- 5 - section 165(d) allows a taxpayer to deduct losses from gambling transactions only to the extent of gains from such transactions. Petitioners agree that all of their bingo winnings should have been reported, but claim entitlement to a gambling loss deduction not listed on their 1994 return. At trial petitioners explained that the amount of bingo winnings reported on their 1994 return was a net amount. Mrs. Smith estimated that she spent more than $100 per week to play bingo during 1994. She calculated her total bingo losses to be $6,900 for that year. She computed her winnings to include the $12,600 reported on Forms W-2G, plus $250 in other winnings received in $50 or $100 increments. The amount of bingo winnings reported on petitioners' 1994 return was calculated by subtracting estimated losses from estimated winnings. Respondent argues that petitioners are not entitled to any deduction for gambling losses because they failed to maintain adequate books and records from which the extent of their bingo winnings and losses during 1994 can be established. Section 6001 and the corresponding regulations require taxpayers to keep adequate records to substantiate their income and deductions. See also Rev. Proc. 77-29, 1977-2 C.B. 538. When a taxpayer fails to keep records, but a court is convinced that deductible expenditures were incurred, the court "should make as close an approximation as it can, bearing heavily if itPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011