Roger John Torpie, Jr. - Page 3




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          standard deduction for 1996 of $3,000, see sec. 63(c)(2)(C),                
          would exceed the maximum gambling loss deduction.                           
               In the case of an individual, section 62(a) defines adjusted           
          gross income as gross income less certain deductions, including             
          deductions attributable to a trade or business carried on by the            
          taxpayer.  See sec. 62(a)(1).  If petitioner's gambling activity            
          constituted a trade or business, his gambling losses would be               
          deductible from gross income in arriving at adjusted gross income           
          on Schedule C, Profit or Loss from Business.  See id.  If                   
          petitioner's gambling activity did not constitute a trade or                
          business, his gambling losses would be deductible as an itemized            
          deduction in arriving at taxable income on Schedule A, Itemized             
          Deductions.  See sec. 63(a).  But, regardless whether or not the            
          activity constituted a trade or business, section 165(d) provides           
          that “Losses from wagering transactions shall be allowed only to            
          the extent of the gains from such transactions.”   See also sec.            
          1.165-10, Income Tax Regs.                                                  
               Petitioner has not argued, nor do we find, that he was in a            
          trade or business of gambling.  To be engaged in a trade or                 
          business, an individual must be involved in the activity with               
          continuity and regularity, and the primary purpose for engaging             
          in the activity must be for income or profit.  See Commissioner             
          v. Groetzinger, 480 U.S. 23, 35 (1987).  “A sporadic activity, a            
          hobby, or an amusement diversion does not qualify [as a trade or            






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