Calvin E. and Carol D. Neymeyer - Page 3




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          expenses of a trade or business under section 162, or, in the               
          alternative, under section 165.2  Petitioners resided in Clinton,           
          Iowa, at the time the petition was filed.                                   
                                     Background                                       
               The facts may be summarized as follows.  Prior to 1998,                
          petitioner enjoyed “off and on” or “vacation” gambling in Nevada            
          with her husband.  At that time petitioner was a housewife.  In             
          1998, petitioner decided that she could “make some money”                   
          gambling.  She began playing the slot machines at a local                   
          riverboat casino (primarily the Mississippi Bell II) and financed           
          her playing primarily with cash advances from credit cards.  On             
          two occasions she won sufficient money for the casino to issue              
          Forms W-2G, Certain Gambling Winnings, to petitioner reporting              
          winnings of $2,500 and $2,000.3  In September or October 1998,              
          petitioner “looked at her records” and realized that she was                
          going into debt.  She decided to quit gambling, get a job, and              
          pay off the accumulated debt.                                               
               Petitioners did not report the $4,500 on their joint 1998              
          Federal income tax return.  Petitioners claimed the standard                



          2  Respondent adjusted the taxable amount of Social Security                
          benefit that was received and reported.  Petitioners have not               
          challenged that adjustment.                                                 
          3  It appears that petitioner won an additional $2,000 for which            
          a Form W-2G was issued.  Respondent, however, included only                 
          $4,500 in the notice of deficiency and has not asserted an                  
          increased deficiency.                                                       





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