- 6 - Petitioners attached three Schedules C, Profit or Loss From Business, to their 1999 return. The first two Schedules C related to businesses operated by Mrs. Hackworth. The third Schedule C related to petitioner’s gambling activities. On his Schedule C, petitioner reported gross receipts of $178,236 from his gambling activities, which were referred to as “services” on this form. Petitioner also deducted $152,016 for “legal and professional services” on this form. This deduction was taken for the cash that petitioner forfeited to the State of South Carolina as a result of his violation of South Carolina’s gambling laws. In the statutory notice of deficiency sent to petitioners, in addition to the adjustments no longer contested, the IRS disallowed the $152,016 deduction claimed on petitioner’s Schedule C. The IRS determined that petitioners had not established that any amount of this claimed deduction represented a deductible expense, was an ordinary and necessary business expense, or was expended for the purpose designated. Accordingly, the IRS increased petitioners’ taxable income for 1999 by $152,016. OPINION Petitioners seek a deduction for the cash that petitioner voluntarily forfeited to the State of South Carolina under section 16-19-80 (“Forfeiture of wagers”) of the Code of Laws ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011