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winnings is includable in an individual taxpayer’s gross income
whether he or she is a professional gambler, a part-time gambler,
or simply a onetime gambler. Id.
Nor do we agree with petitioners’ second argument that their
adjusted gross income under section 469(i)(3) does not include
their lottery winnings. For purposes of the income tax
provisions of the Internal Revenue Code, the term “adjusted gross
income” is defined by section 62 as gross income less certain
enumerated deductions, none of which is relevant here. While
section 469(i)(3)(F) also enumerates certain other adjustments
which affect that term for purposes of section 469(i)(3), all of
those enumerated adjustments are inapplicable as well.
We conclude that petitioners’ lottery winnings are
includable in their adjusted gross income for purposes of section
469(i)(3). Although petitioners as a third argument essentially
invite this Court to apply some principle of equity to arrive at
a contrary result, we decline to do so. This Court is not
authorized to ignore such a clear expression of Congress’ intent
as applies here. Flight Attendants Against UAL Offset v.
Commissioner, 165 F.3d 572, 578 (7th Cir. 1999).
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Last modified: May 25, 2011