- 13 - conclude that the unreported gross income indicated by the notice of deficiency is $86,705 ($91,000 less $4,295). To recap, we conclude that the facts relied upon by respondent show that petitioners had unreported gambling gross income of $137,700. This amount is $50,995 greater than the $86,705 unreported gambling gross income indicated by the unreported gross gambling winnings reflected in the notice of deficiency. To establish their entitlement to deduct gambling losses from the gross gambling income indicated by the notice of deficiency, petitioners must establish that their gambling losses are greater than the $50,995 of unreported gross gambling income that is not reflected in the notice of deficiency. See Schooler v. Commissioner, 68 T.C. 867 (1977). Respondent has conceded that petitioners have gambling losses of $43,818.75, based largely on the THRs generated by the Casinos Magic with respect to petitioners’ table games play. Accordingly, petitioners must establish additional gambling losses of at least $7,176.25 ($50,995 less $43,818.75) to show entitlement to any gambling loss deduction.12 12 As discussed in more detail in the text, the $43,818.75 gambling losses that respondent has conceded represent primarily losses reflected in THRs, relating to table games play at the Casinos Magic. These conceded losses do not include petitioners’ costs of placing slot machine bets and hence do not duplicate the amounts that we have concluded should be allowed as an offset in determining petitioners’ gross income from slot machine winnings.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011