Michael Ferguson - Page 10

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          See Golanty v. Commissioner, 72 T.C. 411, 426 (1979), affd.                 
          without published opinion 647 F.2d 170 (9th Cir. 1981).  Given              
          the facts and circumstances in this case, we find that                      
          petitioner’s gambling activity in 2003 was not a trade or                   
          business.  See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503              
          U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933).           
               Petitioner did not carry on his video poker activity in a              
          businesslike manner.  See sec. 1.183-2(b)(1), Income Tax Regs.              
          He did not maintain adequate books or records, instead relying on           
          casino records to track his wins and losses from the activity,              
          even though he was aware that there was a threshold amount below            
          which amounts were not reported.                                            
               Although petitioner expended a great deal of time and effort           
          engaged in his gambling activity, spending more than 1,000 hours            
          gambling in 2003, see sec. 1.183-2(b)(3), Income Tax Regs., he              
          did not seek additional assistance with or adjust his gaming                
          strategy, even when it became apparent that he never had a                  
          winning year, see sec. 1.183-2(b)(2), (6), Income Tax Regs.                 
               We are additionally unconvinced that petitioner’s gambling             
          activity meets the standard for being a trade or business because           
          we are not persuaded that an individual who gambles against a               
          machine that is programmed by a casino can have, as his or her              
          primary purpose, income or profit.  After all, such a machine is            
          on the floor to make money for the casino and is not there to               
          provide income or profit for the casino’s patrons.  For most                




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