Janice G. Spencer and Fred E. Egerton - Page 6

                                        - 5 -                                         
          1372 (9th Cir. 1985); Valenti v. Commissioner, T.C. Memo. 1994-483.         
               The parties agree that petitioners were not professional               
          gamblers and were not engaged in gambling as a trade or business            
          activity.  Therefore, the income and losses from the activity               
          could not be reported on their return on Schedule C, Profit or              
          Loss From Business.  Petitioners’ gambling winnings,                        
          nevertheless, constituted gross income under section 61(a), and             
          such income was required to be reported on Form 1040 of their               
          income tax return.  Petitioners did not report any of their                 
          gambling winnings on their income tax return.  The deductions for           
          losses attributable to the gambling activity were allowed by                
          respondent (to the extent of the winnings) as an itemized                   
          deduction.  Sec. 63(b) and (c); Stein v. Commissioner, T.C. Memo.           
          1984-403, affd. without published opinion 770 F.2d 1075 (3d Cir.            
          1985); Heidelberg v. Commissioner, T.C. Memo. 1977-133.  As a               
          consequence, respondent sustained the aforedescribed adjustments            
          giving rise to the determined deficiency.                                   
               Petitioners contend that itemized-deduction treatment of               
          their gambling income and losses is unfair, and that they can               
          simply ignore the winnings and the losses by not reporting the              
          same on their return.  They take strong issue with respondent’s             
          determination that causes them to recognize a greater amount of             
          their Social Security benefits as gross income and to lose the              
          tax credit and the standard deduction, both of which are                    






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011