- 3 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011