Jimmie L. Clemons - Page 9

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          incurred by petitioner during taxable year 2001 are allowable               
          only as an miscellaneous itemized deduction on Schedule A, to the           
          extent of gains from gambling.  See sec. 165(d); sec. 1.165-10,             
          Income Tax Regs.  Thus, petitioner must include his gambling                
          winnings in his adjusted gross income and is entitled only then             
          to a Schedule A miscellaneous itemized deduction, to the extent             
          of his gains from gambling, for his gambling losses.  See sec.              
          165(d); sec. 1.165-10, Income Tax Regs.                                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect respondent’s concessions and our resolution of              
          the disputed matters,                                                       

                                             Decision will be entered                 
                                        under Rule 155.                               





















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