Eldron U. Erbs - Page 5




                                        - 4 -                                         
          itemized deductions in lieu of the claimed standard deduction and           
          allowed petitioner an additional itemized deduction for the                 
          payment of taxes.  Finally, a computational adjustment was made             
          to the amount of taxable Social Security benefits.  Petitioner              
          disputes respondent’s determination that he was not engaged in              
          the trade or business of gambling.                                          
               Ordinary and necessary expenses paid in carrying on a trade            
          or business generally are deductible under section 162(a).  A               
          taxpayer who is engaged in the trade or business of gambling may            
          deduct gambling losses and expenses, if otherwise permitted, only           
          to the extent of the taxpayer’s gambling winnings.  See secs.               
          162(a) and 165(d); Valenti v. Commissioner, T.C. Memo. 1994-483.            
          A taxpayer who is not engaged in the trade or business of                   
          gambling also may deduct such losses and expenses to the extent             
          of their winnings, but must do so under section 165(a).  A                  
          deduction under section 165(a) reduces a taxpayer’s taxable                 
          income only if the taxpayer elects to forgo the standard                    
          deduction.  See sec. 63.                                                    
               Resolving the question whether a taxpayer is engaged in a              
          trade or business “requires an examination of the facts in each             
          case.”  Commissioner v. Groetzinger, 480 U.S. 23, 36 (1987)                 
          (quoting Higgins v. Commissioner, 312 U.S. 212, 217 (1941)).  The           
          Supreme Court in Commissioner v. Groetzinger, supra, addressing             








Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011