- 5 - For a taxpayer engaged in the trade or business of gambling, gambling losses are deductible from gross income in arriving at adjusted gross income. See sec. 62. However, for a taxpayer not in the trade or business of gambling, gambling losses are not taken into account in computing adjusted gross income but rather are deductible as an itemized deduction in arriving at taxable income. See sec. 63(a).5 Petitioners do not dispute that if they are required to report Mr. Mohammadpour’s gambling losses as an itemized deduction, they are not entitled to the child tax credit and their itemized deductions are as determined by respondent. However, they contest respondent’s categorization of Mr. Mohammadpour’s losses from gambling as an itemized deduction, claiming that his gambling activity was a trade or business. The Supreme Court, in Commissioner v. Groetzinger, 480 U.S. 23 (1987), held that a taxpayer may be in the trade or business of gambling where he or she engages in the gambling activity with continuity and regularity and with the primary purpose of making a profit. A sporadic activity, hobby, or amusement diversion 5Regardless of whether a taxpayer’s gambling activity constitutes a trade or business, sec. 165(d) provides: “Losses from wagering transactions shall be allowed only to the extent of the gains from such transactions.” See also sec. 1.165-10, Income Tax Regs. Petitioners do not dispute that sec. 165(d) limits their gambling loss deduction to the amount of their winnings. Nor do they seek to offset gambling losses against income from other sources or to carry over gambling losses to other tax years.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007