- 2 - Respondent determined a deficiency of $9,934 in petitioners’ 2001 Federal income tax. The issues are whether petitioner Thomas L. Pias (petitioner) was in a trade or business of gambling and whether the parties had previously settled the case. Petitioners resided in Racine, Wisconsin, when the petition in this case was filed. Background The facts may be summarized as follows. After 28 years, petitioner retired as an accountant with a local automobile distributorship in January 2001. Prior to that time, he had gambled occasionally at casinos. In August 2000, petitioner received the following written advice from the local office of the Internal Revenue Service: A gambler is engaged in a trade or business [of being a] “professional gambler” when the gambling activity (1) is pursued full time, in good faith, and with regularity, to the production of income for a livelihood, and (2) is not a mere hobby; resolution of this issue requires an examination of the facts in each case. Commissioner of Internal Revenue v. Groetzinger No. 85-1226 Supreme Court of The United States Subsequent to his retirement, petitioner began going to casinos 2 or 3 times a week. This shift in his behavior was prompted by what petitioner thought was a “lucky streak.” His gambling consisted of playing video poker machines. Petitioner returned to work in September 2001.Page: Previous 1 2 3 4 5 6 7 8 Next
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