William T. and Deborah S. Praytor - Page 4




                                        - 4 -                                         
          transactions.”  Sec. 165(d).                                                
               According to petitioners, section 165(d) is not applicable             
          because petitioner was engaged in a gambling trade or business              
          during the years in issue.  Petitioners further argue that even             
          if applicable, section 165(d) only limits deductions for losing             
          wagers and not other expenses incurred in a gambling trade or               
          business.  According to respondent, section 165(d) applies to all           
          gambling losses whether incurred in connection with a trade or              
          business or otherwise.  Furthermore, according to respondent,               
          section 165(d) limits deductions not only for losing wagers but             
          also for any otherwise deductible expense incurred in connection            
          with gambling transactions.                                                 
               In Offutt v. Commissioner, 16 T.C. 1214 (1951), we held that           
          the taxpayer, who was engaged in a gambling trade or business,              
          was entitled to deduct gambling losses only to the extent of                
          gambling winnings.  Further, we construed the phrase “losses from           
          wagering transactions” to include not only losing wagers but also           
          mailing, printing, and stenographic expenses.  In the line of               
          cases following Offutt, this and other Federal Courts have                  
          consistently held that section 165(d), or its predecessor,                  
          applies to gambling losses incurred in a trade or business and              
          limits deductions not only for losing wagers but also for other             
          expenses incurred in connection with gambling transactions.  See            
          Estate of Todisco v. Commissioner, 757 F.2d 1 (1st Cir. 1985),              






Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011