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Cir. 1956); Green v. Commissioner, 66 T.C. 538 (1976). This is
not the present case.
In the case of a taxpayer not engaged in the trade or
business of gambling, gambling losses are allowable as a
miscellaneous itemized deduction, but only to the extent of gains
from such transactions. See sec. 165(d); McClanahan v. United
States, supra; Winkler v. United States, supra; Gajewski v.
Commissioner, 84 T.C. 980 (1985); Lutz v. Commissioner, T.C.
Memo. 2002-89; see also Stein v. Commissioner, T.C. Memo. 1984-
403; Umstead v. Commissioner, T.C. Memo. 1982-573.
The parties agree that, during taxable year 2001, petitioner
received gambling winnings of $44,833 at the Cherokee Casino.
The parties further agree that petitioner incurred gambling
losses, during taxable year 2001, in excess of $44,833.
Petitioner did not report the aforesaid gambling winnings as
gross income on his 2001 Federal income tax return. Instead,
petitioner merely offset his gambling income with his sustained
gambling losses and did not report either of these amounts on his
2001 Federal income tax return.
Petitioner presented no evidence to show that he was a
professional gambler, nor did he contend that he was a
professional gambler. On the basis of the evidence in the
record, we conclude that petitioner was a recreational gambler
and not a professional gambler. Therefore, the gambling losses
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