- 6 - Discussion The issue in this case is whether petitioner’s gambling activity constituted a trade or business for purposes of section 162 during 2001. If petitioner were engaged in a trade or business of gambling, wagering losses, to the extent deductible under section 165(d),4 would be deducted in computing adjusted gross income. See sec. 62. On the other hand, if petitioner were not in a trade or business of gambling, wagering losses, to the extent deductible under section 165(d), would be deductible as an itemized deduction in the computation of taxable income. 4 In general, sec. 165(a) allows a taxpayer to deduct “any loss sustained during the taxable year and not compensated for by insurance or otherwise.” Losses from wagering transactions, however, are “allowed only to the extent of the gains from such transactions.” Sec. 165(d); sec. 1.165-10, Income Tax Regs. We construed the phrase “losses from wagering transactions” to include not only losing wagers but also for other expenses incurred in connection with gambling transactions. See Estate of Todisco v. Commissioner, 757 F.2d 1 (1st Cir. 1985), affg. T.C. Memo. 1983-247; Offutt v. Commissioner, 16 T.C. 1214 (1951); see also Praytor v. Commissioner, T.C. Memo. 2000-282 (citing Kochevar v. Commissioner, T.C. Memo. 1995-607 (holding that slot- machine players, even if construed to be in the trade or business of gambling, could deduct gambling losses and expenses, including automatic teller charges, office supplies, travel mileage, and meals, only to the extent of the their winnings)); Valenti v. Commissioner, T.C. Memo. 1994-483 (holding that a deduction for losses incurred in wagering transactions is subject to sec. 165(d) regardless of the fact that the taxpayer was in the trade or business of gambling); Kozma v. Commissioner, T.C. Memo. 1986- 177 (construing the phrase “losses from wagering transactions” as used in sec. 165(d) to include expenses incurred by a professional gambler for transportation, meals, lodging, admission fees, and office supplies).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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