- 4 - the extent of the gains from such transactions.” See also sec. 1.165-10, Income Tax Regs. Petitioner does not claim to be in the trade or business of gambling, and we are, therefore, faced with the question whether she is entitled to claim itemized deductions on a Schedule A. While we are convinced that petitioner purchased lottery tickets that did not pay off, there are some obstacles in her path. First, we have no idea as to the dollar amount of those tickets. Petitioner appeared at trial with a paper bag full of tickets; however, she did not know how many losing tickets were in the bag. She had not counted them, and the Court eschews that responsibility. We did, however, examine some of the tickets and there appears to be an unsettling number of tickets from certain days, even though petitioner testified that she played the lottery almost daily. It seems as if the tickets had been picked up on a random basis rather than daily. Equally important, even if we were to assume that the amount of losing tickets was as petitioner alleges (between $4,752 shown in the petition and $6,000 at trial), we are still faced with the problem that petitioner admits that she won considerably more money than that which was reported to the Internal Revenue Service. While respondent did not move to increase the deficiency, the additional amount of unreported lottery winnings and the amount contained in the notice of deficiency ($5,200)Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011