- 6 - 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.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011