- 6 - gambling. The $4,000 reported on the return represented an amount for which the casino had issued an IRS Form 1099 to Mrs. Lavigne for a larger than normal payoff from a slot machine. Mrs. Lavigne admitted she had other winnings during the course of the year for which no Forms 1099 were issued; however, no records were maintained by her for such winnings. Mrs. Lavigne was satisfied that her losses exceeded $4,000 during 1999. The only records submitted at trial to establish her losses consisted of a bank statement of Mrs. Lavigne's account reflecting various withdrawals that she contends substantiated her gambling losses. Section 165(d) allows taxpayers to deduct losses from wagering transactions to the extent of the gains from such transactions. In order to establish entitlement to a deduction for wagering losses in this Court, the taxpayer must prove the losses sustained during the taxable year. 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. The taxpayer 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. Sec. 165(d). Implicitly, this requires the taxpayer to prove both the amount of losses and the amount of winnings. 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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