Brenda T. Farris - Page 4




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          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 to            






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