- 3 - During the year 2002, petitioner won $13,400 on slot machines at several casinos. The payers issued information returns to evidence these winnings; however, the $13,400 won by petitioner was not included by petitioners as income on their 2002 Federal income tax return. Although petitioner experienced some losses at these casinos, petitioners did not deduct any gambling losses on their return. Petitioners contend that the reason why petitioner’s gambling winnings were not included as income on their 2002 income tax return is because petitioner’s gambling losses exceeded her winnings, and, therefore, the winnings did not have to be reported as income. Respondent, although agreeing that the losses were at least equal to the winnings, does not share that view. In the notice of deficiency, respondent determined that the $13,400 in gambling winnings constituted gross income and that petitioners were entitled to an itemized deduction in an amount equal to their gambling losses, instead of the standard deduction previously claimed. As a result of treating their winnings and losses in that way, a larger amount of the Social Security benefits was determined to be taxable (over the amount reported by petitioners), and the $395 credit for qualified retirement savings was eliminated. Petitioners take issue with respondent’s adjustment as to the character of their gambling winnings. They contend that,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011