William T. and Deborah S. Praytor - Page 6




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          intent.2  For each year in issue, petitioners claimed Schedule C            
          deductions for losing wagers and related expenses that exceeded             
          the reported gains from wagering transactions.  Pursuant to                 
          section 165(d), petitioners are entitled to deduct losing wagers            
          and related expenses only up to the amount of gains from wagering           
          transactions.  Respondent’s adjustments in this regard are                  
          therefore sustained.                                                        
               To reflect the foregoing,                                              
                                                  Decision will be                    
                                             entered for respondent.                  












               2  We note that for each year in issue petitioners reported            
          only those gains from wagering transactions evidenced by a Form             
          W-2G, Certain Gambling Winnings.  We further note that only                 
          certain gains from slot machine play require the issuance of a              
          Form W-2G.  See sec. 31.3402(q)-1, Employment Tax Regs.  Although           
          no issue has been presented on the point, given the nature of               
          slot machine play, we think it unlikely that all of petitioner’s            
          gains from slot machine play were subject to the issuance of a              
          Form W-2G.  Lastly, we note that in enacting the predecessor of             
          section 165(d), the Congress was concerned that “taxpayers take             
          deductions for gambling losses but fail to report gambling                  
          gains.”  H. Rept. 704, 73d Cong., 2d Sess. (1934), 1939-1 C.B.              
          (Part 2) 554.  Thus, one purpose of section 165(d) is to “force             
          taxpayers to report their gambling gains if they desire to deduct           
          their gambling losses.”  Id.                                                





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