- 3 - 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 orPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011