- 36 - Thirdly, from the testimony of the IRS revenue agent and from petitioners’ trial memorandum it appears that, during the years in issue, petitioners went to Atlantic City, New Jersey, “about 4-5 times a year”, and that they gambled while in Atlantic City. Petitioners did not report gambling winnings and did not deduct gambling losses. Since 1934, the Federal tax laws have required that nonbusiness gamblers--petitioners strenuously insist that they are not in the business of being gamblers--must report their winnings “above the line” and may deduct their losses only “below the line”. See discussion in Gajewski v. Commissioner, 84 T.C. at 982-983. This bifurcation of gambling winnings, and losses for nonbusiness gamblers has been mandated even when it is clear that the taxpayers’ losses exceed their winnings and they are not entitled to itemize their deductions-- in effect, taxing the nonbusiness taxpayers on their gross winnings. See Johnston v. Commissioner, 25 T.C. 106 (1955). Thus, petitioners’ acknowledgment that they did some nonbusiness gambling in each of the years in issue is another basis for the IRS revenue agent’s belief that petitioners may have some unreported income that may be reconstructed by the bank deposits method. Accordingly, we conclude that respondent was justified in using the bank deposits method to reconstruct petitioners’ income.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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