- 7 - Because petitioners did not consider small amounts won to be consequential, and they did not consider breaking even to equate to winning, we have no basis to calculate, or estimate, petitioners' unreported bingo winnings. Without some basis for estimating petitioners' 1994 unreported bingo winnings it is impossible to determine whether petitioners' bingo losses exceeded those winnings. Accordingly, they are not entitled to any deduction for bingo losses. It follows, and we hold, that respondent's adjustment increasing their 1994 income by the excess of the bingo winnings reported on Forms W-2G over reported gambling winnings is sustained. Long-Term Disability Benefits Petitioners did not report any portion of the long-term disability benefits Mr. Smith received from Hartford in 1994. The parties appear to agree that the group plan subscribed to by Consolidated constitutes an accident or health plan within the meaning of sections 104(a)(3) and 105(a), and we proceed as though it does. Simply stated, the statutory scheme framed by these sections allows a taxpayer to exclude from income amounts received through accident or health insurance plans if: (1) The taxpayer paid for the insurance; or (2) the amounts were attributable to contributions by the taxpayer's employer that were includable in the taxpayer's gross income. Sec. 104(a)(3). On the other hand, amounts received by an employee throughPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011