- 11 - gambling activity. Although petitioner maintained only a single bank account, his gambling winnings and losses were accounted for separately. Accordingly, this factor favors petitioner. A profit objective might be indicated where the taxpayer carries on an activity in accordance with practices learned from extensive study of accepted business and economic practices, or consultation with experts involved therein. Sec. 1.183-2(b)(3), Income Tax Regs. Petitioner has been gambling on horseraces for more than 25 years. Petitioner has been “seriously” handicapping horseraces for 11 years. This includes preparing detailed “speed figures” for the winner of each race. Petitioner sought advice from, as well as provided advice to, other individuals who gambled on a regular basis. Finally, through the years petitioner has read numerous books published on gambling and handicapping horseraces. This factor favors petitioner. A profit objective might be indicated where the taxpayer uses much of his personal time and effort to carry on the activity. Sec. 1.183-2(b)(4), Income Tax Regs. Petitioner spends about 40 hours pursuing his gambling activity. During 2001, he spent approximately 250 days gambling and handicapping horseraces. Petitioner’s detailed records, including the self- prepared “speed figures”, are evidence of the time and effort expended by petitioner away from the race track. We are convinced that petitioner spent a significant amount of timePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011