Jose Calvao - Page 10

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          themselves, these facts do not preclude petitioner from being               
          engaged in the trade or business of gambling.  However, such                
          factors were considered by the Supreme Court in Groetzinger and             
          are relevant to our determination.  See Commissioner v.                     
          Groetzinger, 480 U.S. at 24-25, 35-36.  We find that these facts            
          weigh against petitioner’s being engaged in the trade or business           
          of gambling.  See Jones v. Commissioner, T.C. Memo. 1988-393.               
               Taking into consideration all of the above, we find                    
          petitioner was not engaged in the trade or business of gambling             
          in 2002.  Therefore, petitioner is not entitled to report his               
          gambling activity on Schedule C.  Instead, petitioner must claim            
          his gambling losses as an itemized deduction on Schedule A, as              
          determined by respondent.  We sustain respondent’s determination            
          that the amount of tax required to be shown on petitioner’s 2002            
          Federal income tax return was $40,399, resulting in a deficiency            
          of $17,096.                                                                 
          II. Accuracy-Related Penalty Under Section 6662(a)                          
               Respondent determined petitioner is liable for an accuracy-            
          related penalty under section 6662(a) for 2002 of $3,419.                   
          Petitioner argues he is not liable for an accuracy-related                  
          penalty because he reasonably relied upon the advice of his                 
          accountant.                                                                 
               Section 6662(a) imposes a penalty in the amount of 20                  
          percent of the portion of the underpayment to which section 6662            






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