Calvin E. and Carol D. Neymeyer - Page 5




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          taxpayer is carrying on a trade or business requires an                     
          examination of all the facts in each case.  Higgins v.                      
          Commissioner, 312 U.S. 212, 217 (1941).                                     
               Petitioner’s gambling activity in 1998 consisted of playing            
          the slot machines in Iowa on approximately 66 days during the               
          274-day period from January to September 1998, and taking two               
          short trips to Nevada where she also played the slot machines.              
          Prior to commencing the activity, petitioner did not consult with           
          any professional gamblers or do any research concerning                     
          professional gambling.  She did not know whether she was required           
          to have a professional gambling license.  Petitioner claims that            
          she kept records of her winnings and losses in a notebook; she,             
          however, destroyed those records when she abandoned the gambling            
          activity in the fall of 1998.  The only records of her activity             
          are credit card statements showing cash advances at the casinos             
          that she visited and casino records from the Mississippi Belle              
          II.                                                                         
               We do not find that petitioner’s activity was continuous or            
          regular, and, while petitioner certainly desired to win money,              
          she did not engage in the activity for the primary purpose of               
          income and profit.  Indeed, for example, the destruction of her             
          records cuts across the suggestion that she considered herself to           
          be in the trade or business of gambling.  Rather, petitioner’s              
          activity more resembles a diversion than a professional                     






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