Leroy J. Klingaman - Page 6

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          gambling winnings from gross income.  Section 165(d) permits a              
          deduction for gambling losses, but only to the extent of gambling           
          winnings.                                                                   
               Petitioner concedes that he “was paid” the amount of                   
          gambling winnings reported by the various casinos.  Petitioner’s            
          only argument is that he owes tax on only a portion of the                  
          gambling winnings because he split them with his traveling                  
          companion.  As petitioner testified:  “This lady friend of mine             
          and I were traveling * * * we went from one casino from another.            
          We figured out how much we could spend and so we’d spend that and           
          we’d share it [the winnings] * * * I just took the money and then           
          I gave it to her.”  Petitioner did not identify by name the                 
          person with whom he purportedly split his gambling winnings and             
          did not offer any proof that he split any of his gambling                   
          winnings.  Further, there is no evidence that a Form W-2G was               
          issued to petitioner’s companion, and petitioner testified that             
          his companion did not report any of the gambling winnings on her            
          2001 return.2  Given the lack of evidence to support petitioner’s           
          claim that he split the gambling winnings, we sustain                       

               2  Since petitioner received Forms W-2G, we assume that                
          petitioner filled out a Form 5754, Statement by Person(s)                   
          Receiving Gambling Winnings, upon winning slot machine jackpots             
          of $1,200 or more.  A Form 5754 not only is used to identify the            
          winner of the jackpot, but it may be used to report that the                
          winnings are shared among a group of people.  Given the                     
          circumstances of this case, it seems reasonable to conclude that            
          petitioner did not report on the Form 5754 that he was splitting            
          the winnings among others.                                                  





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