- 3 - gambling winnings from gross income. Section 165(d) allows gambling losses, but only to the extent of gambling winnings. Petitioner did not claim any gambling losses. No question has been raised in this case with respect to the burden of production under section 6201(d) or the burden of proof under section 7491. Petitioner contends that he did not win the $5,466 reported on the Forms W-2G. In his petition, petitioner asserts: “I do not gamble, therefore how could I win this money?” At trial, petitioner testified: “I gamble a little bit, like an occasional football game, you know, like the Super Bowl, so I can’t say that I don’t gamble, but not slots.” Contrary to his testimony, petitioner opened a customer slot account at Sunset Station in 1999. At trial, petitioner admitted he was a member of the slot club at Sunset Station. The assistant general manager at El Dorado testified that when a player wins $1,200 or more, a “slot floor” employee (employee) verifies the identity of the winner by obtaining a driver’s license, State-issued identification, military identification, or passport. The employee visually verifies that the picture is that of the person before him. The employee fills out a Form W-2G. The casino shift manager reviews the information and approves the jackpot ticket for payment. El Dorado accepts a verbal Social Security number from a winner who presents other identification. El Dorado requires winners toPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011