Jose Calvao - Page 6

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          gains from such transactions.”  See also sec. 1.165-10, Income              
          Tax Regs.  Although petitioner deducted gambling losses exceeding           
          his gambling winnings by $50,650, petitioner does not dispute               
          that section 165(d) limits his gambling loss deduction to the               
          amount of his gambling winnings.                                            
               To be engaged in a trade or business within the meaning of             
          section 162(a), an individual taxpayer must be involved in the              
          activity with continuity, regularity, and with the primary                  
          purpose of deriving income and profit.  Commissioner v.                     
          Groetzinger, 480 U.S. 23, 35 (1987).  Whether the taxpayer is               
          carrying on a trade or business requires an examination of all              
          the facts in each case.  Id. at 36; Higgins v. Commissioner, 312            
          U.S. 212, 217 (1941).                                                       
               In Groetzinger, the Supreme Court addressed the issue of               
          whether a taxpayer’s gambling activity was a trade or business              
          within the meaning of section 162(a).  The taxpayer devoted 60 to           
          80 hours each week for 48 weeks to parimutuel wagering, primarily           
          on greyhound races.  Commissioner v. Groetzinger, supra at 24.              
          The taxpayer gambled at racetracks 6 days a week and spent a                
          substantial amount of time studying racing forms, programs, and             
          other materials.  Id.  While the taxpayer received $6,498 in                
          income from other sources during the year, the taxpayer had no              
          other profession or type of employment during the 48 weeks he               
          devoted to gambling.  Id. at 24-25.  The Supreme Court stated:              






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