- 6 - In this case, petitioner’s visits to the casino were not continuous or regular. Petitioner points to the total number of hours he spent at the casino over the course of the year, and argues that he averaged 20 hours per week gambling. However, his visits to the casino throughout the year were very sporadic. The number of monthly visits rose as high as 17 in October, but in December he made no visits and in several other months he made only 2 or 3. Petitioner also argues that the amount of time he spent in his antique sales business is similar to the amount of time he spent in the gambling activity.2 The aggregate amount of time spent in the activity is not as determinative as the fact that petitioner had little continuity or regularity to his visits. Finally, petitioner argues that the sporadic nature of his gambling was dictated by his knowledge of “how the machines were cycling or if the machines were being adjusted to reduce players odds.” We do not accept this argument, both because it is not supported by any evidence and because we do not find it plausible that petitioner had knowledge of when the video poker machines were producing higher payoffs which was sufficiently accurate or specific to dictate when he should visit the casino. The primary purpose of petitioner’s gambling activity was for amusement, not for profit: His activity, although 2Respondent has not challenged petitioner’s deduction of the loss from the antiques business, so we need not address the accuracy of petitioner’s treatment of the activity as a business.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011