-2-
Respondent determined a $5,266 deficiency in petitioner’s
Federal income tax for 2003 and determined that petitioner was
liable for a $1,055 accuracy-related penalty under section
6662(a). After concessions,2 the sole issue for decision is
whether petitioner was in the trade or business of gambling in
2003. We hold that she was.
Background
Some of the facts have been stipulated and are so found.
The stipulation of facts and the accompanying exhibits are
incorporated by this reference. Petitioner resided in South
Saint Paul, Minnesota, at the time she filed the petition.
Petitioner’s Activities
Petitioner spent nearly all of her time during 2003 pursuing
two activities, a trucking business that she owned and operated,
and her gambling activity. She spent 25 to 35 hours per week
working at the trucking business and about 40 hours per week on
the gambling activity.
Petitioner oversaw the management and operations functions
of her trucking business, which employed eleven drivers for eight
trucks in 2003. She worked diligently to maintain the
documentation required to run a successful trucking business,
such as licenses, maintenance logs, and insurance matters.
Petitioner retained an accountant to assist her with financial
2Respondent concedes that petitioner is not liable for the
accuracy-related penalty under sec. 6662(a).
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