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