- 5 - engagement. A sporadic activity, hobby, or an amusement diversion does not qualify as a trade or business. Commissioner v. Groetzinger, supra at 35. In sum, petitioner was not engaged in the trade or business of gambling in 1998. Turning to a wagering loss deduction, we are willing to assume that petitioner lost more than she won. Section 165(d), however, provides that “Losses from wagering transactions shall be allowed only to the extent of the gains from such transactions.” Petitioners claimed the standard deduction on their 1998 Federal income tax return. The standard deduction amount claimed on the return and allowed ($7,950) exceeds the amount of the gambling losses ($4,500) that would be allowable, and petitioners have not established that they had other itemized deductions greater than $3,450, the difference between the amount allowed and the loss. Accordingly, petitioners are not entitled to a separate deduction for gambling losses. See Umstead v. Commissioner, T.C. Memo. 1982-573; Carter v. Commissioner, T.C. Memo. 1976-23. Respondent’s determination is sustained. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011