- 3 - gambling losses but only to the extent of gambling winnings. Petitioner stipulated that she received gambling winnings in the amount of $9,180 during taxable year 2000. In the notice of deficiency, respondent allowed petitioner a deduction for itemized deductions, including gambling losses equal to her gambling winnings. We find that the unreported $9,180 of gambling winnings is includable in petitioner’s adjusted gross income for the taxable year 2000. As a result, petitioner’s adjusted gross income was properly increased from $11,835 to $21,015. There is no argument or evidence from petitioner that she was in the trade or business of gambling. Thus her gambling losses are deductible only as itemized deductions, not from gross income, in arriving at adjusted gross income. Her gambling winnings therefore result in a dollar-for-dollar increase to her adjusted gross income. Torpie v. Commissioner, T.C. Memo. 2000-168. Section 32(a)(1) allows an earned income tax credit to eligible individuals. Section 32(a)(2) provides that the allowable credit shall be phased out if “the modified adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year” exceeds a prescribed amount. Section 32(c)(5) defines modified adjusted gross income as “adjusted gross income determined without regard to” adjustments not relevant here. There is no provision in section 32 that excludesPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011