- 14 - V. Gambling Losses FINDINGS OF FACT Petitioner gambled every day from April until he left Las Vegas in late July 1995. Petitioners claimed "gaming wins" of $1,200 and gambling expenses and losses of $35,034 on their 1995 Federal income tax return. Respondent disallowed petitioners' gambling expenses and losses in excess of gambling winnings. OPINION Petitioners maintain that, pursuant to section 162(a), the net wagering losses represented a deductible trade or business expense. Respondent contends that the deduction of net wagering losses is precluded by section 165(d). We agree with respondent. Section 165(d) provides that "Losses from wagering transactions shall be allowed only to the extent of the gains from such transactions." In other words, a taxpayer is not entitled, as a matter of law, to deduct a net gambling loss. Petitioner relies on Commissioner v. Groetzinger, 480 U.S. 23 (1987), for the proposition that net gambling losses are properly deductible in full as trade or business expenses under section 162(a). Petitioners' discussion of Groetzinger ignores the fact that the section 165(d) restriction was not at issue in Groetzinger. The issue in Groetzinger was whether a full-time gambler, who made wagers solely on his own account, was engaged in a trade or business under section 162 for purposes of treatingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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