Eldron U. Erbs - Page 3




                                        - 2 -                                         
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  
               Respondent determined a deficiency in petitioner’s Federal             
          income tax of $2,532 for the taxable year 1996.                             
               The issue for decision is whether petitioner was engaged in            
          the trade or business of gambling in 1996.                                  
               This case was submitted fully stipulated pursuant to Rule              
          122.  All of the facts stipulated are so found.  The stipulations           
          of fact and the attached exhibits are incorporated herein by this           
          reference.  Petitioner resided in Oakdale, Wisconsin, on the date           
          the petition was filed in this case.  Petitioner’s audit                    
          commenced on July 2, 1998.                                                  
               Petitioner is semiretired.  During the year in issue, he was           
          engaged in a business in which he purchased and sold antiques.              
          He incurred a loss of $3,415 in this business.  Also during 1996,           
          petitioner visited the Ho-Chunk Casino in Baraboo, Wisconsin, on            
          at least 89 occasions.  Ho-Chunk Casino produced a Player Coin              
          Report which indicates petitioner had “coin-in” and “coin-out”              
          amounts during the year of $368,166.95 and $341,530.20,                     
          respectively.  Petitioner made bank withdrawals from automated              
          teller machines in connection with his Ho-Chunk gambling activity           
          on 88 separate dates.  The following summarizes on a monthly                
          basis the number of days he made withdrawals:                               
               Jan.  Feb.  Mar.  Apr.  May  June  July  Aug.  Sept.  Oct.  Nov.  Dec. 
               3    11     3     3    11    6     9    13    10    17     2     0     





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