James Castagnetta - Page 14

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          where the motive is personal pleasure or recreation.  Sec. 1.183-           
          2(b)(9), Income Tax Regs.  Profit need not be the only objective,           
          however, and personal motives may coexist with an actual and                
          honest intent to derive a profit.  A taxpayer’s enjoyment of an             
          activity does not necessarily indicate that the taxpayer lacks a            
          profit objective if the activity is conducted for profit as shown           
          by other factors.  See Jackson v. Commissioner, 59 T.C. 312, 317            
          (1972); sec. 1.183-2(b)(9), Income Tax Regs.  The fact that                 
          petitioner may have also enjoyed betting on horseraces does not             
          mean that he did not engage in the activity for profit.  This               
          factor is neutral.                                                          
               Taking into account the above factors and considering the              
          facts and circumstances relating to petitioner’s gambling                   
          activity, we conclude that petitioner engaged in his gambling               
          activity with the bona fide intent of making a profit.  Having              
          found that petitioner conducted his gambling activity with                  
          continuity and regularity, we conclude that petitioner was in the           
          trade or business of gambling during the taxable year in issue.             
          Accordingly, petitioner’s gambling expenses are deductible under            
          section 162(a), to the extent limited by section 165(d).                    
               The parties are cautioned, however, that our holding in this           
          case does no more than resolve the year here in issue.  See sec.            
          1.183-2(a) and (b), Income Tax Regs.  Petitioner’s betting                  
          strategy (2.5 percent of his “bankroll”) raises some question               






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