James Castagnetta - Page 12

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          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 time                






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