Michael G. and Kate M. Lavigne - Page 7




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          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).                     





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