- 3 - not by the lottery operator, are includable in gross income. Paul v. Commissioner, T.C. Memo. 1992-582. As we understand, petitioner's position is that she incurred losses from her gambling activities during 1997, and, when considered with other itemized deductions she did not claim on her return, the amount would have been greater than the standard deduction of $6,050 that she claimed. Petitioner claims that she donated to Goodwill Industries tangible personal property that she estimates had a fair market value of $1,225 and that she is entitled to a charitable deduction in that amount. The record shows that petitioner also paid $653 in State income taxes. In the case of an individual, section 62(a) defines adjusted gross income as gross income less certain deductions, including deductions attributable to a trade or business carried on by the taxpayer. Sec. 62(a)(1). If petitioner's gambling activity constituted a trade or business, her gambling losses would be deductible from gross income in arriving at adjusted gross income on Schedule C, Profit or Loss From Business. See id. If petitioner's gambling activity did not constitute a trade or business, her gambling losses would be deductible as an itemized deduction in arriving at taxable income on Schedule A, Itemized Deductions. Sec. 63(a). But, regardless whether or not the activity constituted a trade or business, section 165(d) provides that “Losses from wagering transactions shall be allowed only toPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011