Alan D. Lenzen and Dianne Lenzen - Page 16

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          T.C. 387, 395 (1955); Thielking v. Commissioner, T.C. Memo 1987-            
          227, affd. without published opinion 855 F.2d 856 (8th Cir.                 
          1988).  RAF cites Murphy v. Country House Inc., 349 N.W.2d 289              
          (Minn. Ct. App. 1984), for its assertion that Minnesota law                 
          prohibits disproportionate constructive dividends.  However, that           
          case held that bonuses paid to shareholder-employees constituted            
          disproportionate dividends and that the shareholder who was not             
          paid was entitled to his share of the dividend.  Id. at 293.  We            
          conclude that RAF’s payments of the charges at issue were                   
          constructive dividends to Mr. Lenzen as a shareholder of RAF.               
          III.  The Lenzens’ Unreported Gambling Income                               
               The Lenzens admit that they received $13,619 of unreported             
          gambling income in 1999.  They claim that they suffered an equal            
          amount of unreported gambling losses and are not liable for                 
          income tax on the additional gambling winnings.  The Lenzens did            
          not present at trial any records of the additional winnings or              
          losses.                                                                     
               Section 165(d) allows a deduction for gambling losses only             
          to the extent of gambling winnings.  The Lenzens have the burden            
          of proving that their alleged gambling losses were in fact                  
          sustained.  See Green v. Commissioner, 66 T.C. 538, 544 (1976).             
          Section 6001 and the regulations thereunder require taxpayers to            
          keep permanent records sufficient to substantiate the amounts of            
          gross income, deductions, and credits shown on their income tax             






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