Eddie L. and Mary E. Carver - Page 4




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          v. Groetzinger, 480 U.S. 23, 34 (1987).  Gambling losses are                
          deductible only to the extent of the taxpayer's winnings from               
          such transactions.  Sec. 165(d); sec. 1.165-10, Income Tax Regs.            
          Taxpayers not engaged in the trade or business of gambling must             
          report all gambling winnings as gross income and may claim                  
          gambling losses only as an itemized deduction to the extent of              
          the gambling income.  McClanahan v. United States, 292 F.2d 630,            
          631-632 (5th Cir. 1961).                                                    
               We hold that petitioners must include the $3,500 of gambling           
          winnings in their income.  Petitioners have no other itemized               
          deductions to add to the $3,500 of gambling losses which were               
          eligible to be taken as an itemized deduction.  Petitioners                 
          benefited from the election of the standard deduction of $6,700.            
          Accordingly, we sustain respondent's determination on this issue.           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                             Decision will be entered                 
                                        under Rule 155.                               














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