- 5 - deductions, she may not deduct any gambling losses. See Torpie v. Commissioner, T.C. Memo. 2000-168. Petitioner credibly testified, and we have so found, that her gambling losses exceeded her gambling winnings in 2003. However, because petitioner was not engaged in the trade or business of gambling, she would have to forgo the standard deduction to deduct her gambling losses as an itemized deduction. See sec. 63(a) and (b); Torpie v. Commissioner, supra. Petitioner’s standard deduction ($7,000) exceeds her potential itemized deduction for gambling losses ($2,800).4 Thus, petitioner’s election to take the standard deduction resulted in a larger deduction than had she taken an itemized deduction for her gambling losses. Because petitioner elected to take the standard deduction, we hold that she cannot take an itemized deduction for her gambling losses to offset her gambling winnings. See sec. 63(a) and (b); Torpie v. Commissioner, supra. The final issue for decision is whether any portion of petitioner’s Social Security disability benefits are includable in her gross income for 2003. Respondent determined that $914 of petitioner’s benefits are so included. Section 86(a) requires the inclusion of a portion of Social Security benefits in gross income when the sum of the taxpayer’s 4 Petitioner presented no evidence that she was entitled to other itemized deductions beyond that for her gambling losses.Page: Previous 1 2 3 4 5 6 7 Next
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