Eldron U. Erbs - Page 4




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          We treat these numbers as the approximate number of times                   
          petitioner visited the casino in each month.  He would normally             
          visit the casino during late evening and early morning hours,               
          averaging 9 hours per visit.                                                
               Petitioner received six Forms 1099 in 1996 for gambling                
          winnings.  On his 1996 Federal income tax return, he reported the           
          amounts indicated on the Forms 1099 as his only winnings from               
          gambling.  He reported this income of $10,538 on Schedule C,                
          Profit or Loss From Business, claiming no cost of goods sold or             
          expenses other than gambling losses of $10,538, resulting in zero           
          net profit.  Petitioner reported $27,865 in adjusted gross                  
          income, consisting of the following:                                        
               IRA distributions                 $26,600                              
               Social Security benefits            3,052                              
               Interest                            1,628                              
               Business loss (antique sales)      (3,415)                             
               Adjusted gross income              27,865                              
          In addition, petitioner received $9,530 in nontaxable net Social            
          Security benefits.  The occupation stated on his return was                 
          “retailer”.                                                                 
               Respondent determined that petitioner’s gambling activity              
          was not an activity entered into for profit.  Accordingly,                  
          respondent recharacterized petitioner’s gambling income and                 
          determined that petitioner’s gambling losses were deductible as             
          an itemized deduction rather than as a trade or business expense.           
          Respondent also determined that petitioner was entitled to                  





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