James Castagnetta - Page 6

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          for each dollar bet he placed.  According to petitioner, Yonkers            
          typically pays back about 83 cents for each dollar bet placed.              
               Petitioner’s 2001 Federal income tax return was timely                 
          filed.  The taxable income and income tax liability shown on that           
          return take into account the standard deduction applicable to               
          petitioner’s filing status.  Included with that return is a                 
          Schedule C, Profit or Loss From Business, which lists his                   
          principal business activity as “Parimutuel Wagering”.                       
               On the Schedule C, petitioner reported the following                   
          amounts:                                                                    
                         Gross receipts                                               
                         from wagers         $52,501                                  
                         Total wagered        50,725                                  
                         Gross Income        1,776                                    
                         Total expenses       (1,542)                                 
                         Net Profit           234                                     
          Petitioner’s total expenses consisted of supplies of $162 and               
          forms and programs of $1,380.3                                              
               In the notice of deficiency respondent determined that                 
          petitioner’s gambling activity did not constitute a trade or                
          business during 2001.  The gambling income reported on the                  
          Schedule C was recharacterized as “other income”, and the                   
          wagering losses were allowed as a miscellaneous itemized                    
          deduction in lieu of the standard deduction.                                



               3  Respondent does not contest that petitioner incurred                
          these gambling-related expenses.                                            




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