Lillie M. Petty - Page 3

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          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 excludes           






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