Calvin E. and Carol D. Neymeyer - Page 6




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          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.                               








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