Victor and Lorain Cisneros - Page 6




                                        - 5 -                                         

          contended that this income was offset by "thousands" of dollars             
          in gambling losses sustained that year.  She admitted to other              
          winnings; however, none of those winnings were included on the              
          tax returns.  Moreover, no books and records were maintained to             
          reflect the total amounts spent on gambling and all the winnings            
          or income as well as losses therefrom.                                      
               The law is clear that income from gambling is includable in            
          gross income.  Sec. 61.  Section 165(d) provides that "Losses               
          from wagering transactions shall be allowed only to the extent of           
          the gains from such transactions."  Sec. 1.165-10, Income Tax               
          Regs.  This Court, in Rodriguez v. Commissioner, T.C. Memo. 2001-           
          36, stated:                                                                 

               In order to establish entitlement to a deduction for                   
               wagering losses in this Court, the taxpayer must prove that            
               he sustained such losses during the taxable year.  See Mack            
               v. Commissioner, 429 F.2d 182 (6th Cir. 1970), affg. T.C.              
               Memo. 1969-26; Stein v. Commissioner, 322 F.2d 78 (5th Cir.            
               1963), affg. T.C. Memo. 1962-19.  He must also prove that              
               the amount of such wagering losses claimed as a deduction              
               does not exceed the amount of the taxpayer's gains from                
               wagering transactions.  See sec. 165(d).  Implicitly, this             
               requires the taxpayer to prove both the amount of his losses           
               and the amount of his winnings.  See Schooler v.                       
               Commissioner, 68 T.C. 867, 869 (1977); Donovan v.                      
               Commissioner, T.C. Memo. 1965-247, affd. per curiam 359 F.2d           
               64 (1st Cir. 1966).  Otherwise, there can be no way of                 
               knowing whether the sum of the losses claimed on the return            
               is greater or less than the taxpayer's winnings. * * *                 

               Petitioners maintained no books and records to reflect their           
          winnings and losses from wagering and gambling activities.  The             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011