Janice G. Spencer and Fred E. Egerton - Page 4

                                        - 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