Eddie L. and Mary E. Carver - Page 3




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               Respondent determined a deficiency of $532 in petitioners'             
          1996 Federal income tax.  Respondent conceded that petitioners              
          did not fail to include original issue discount of $20.75 in                
          their income.  The sole issue for decision is whether petitioners           
          failed to report as income gambling winnings of $3,500.                     
               Some of the facts in this case have been stipulated and are            
          so found.  Petitioners resided in Wilmington, Illinois, at the              
          time they filed their petition.                                             
               In 1996, petitioners, who are not professional gamblers,               
          gambled at the Empress Casino Joliet, the Empress Casino Hammond,           
          and Harrah's Joliet Casino.  Petitioner Mary Carver won $2,000 on           
          one occasion, and petitioner Eddie Carver won $1,500 on one                 
          occasion.  These amounts were reported to the Internal Revenue              
          Service.  We accept petitioner Mary Carver’s testimony that their           
          gambling losses exceeded their gambling winnings.  Petitioners              
          did not report the gambling winnings or losses on their 1996 tax            
          return.  They did not itemize their deductions, and instead                 
          claimed the standard deduction.                                             
               Petitioners contend that the gambling winnings should not be           
          included in their income because they had losses that exceeded              
          their winnings.  Respondent contends that the winnings must be              
          included in petitioners' income.                                            
               Gross income includes all income from whatever source                  
          derived, including gambling winnings.  Sec. 61(a); Commissioner             





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