- 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