Linda M. Myers - Page 18




                                        -17-                                          
          thoughtful and credible.  On balance, we find this factor favors            
          petitioner.                                                                 
          Conclusion                                                                  
               Taking into account the above factors and considering the              
          facts and circumstances relating to petitioner’s gambling                   
          activity, we conclude that petitioner engaged in the gambling               
          activity with the actual and honest objective of making a profit            
          in 2003.  As the parties have agreed that petitioner conducted              
          the gambling activity with continuity and regularity, we conclude           
          that petitioner was in the trade or business of gambling during             
          2003.  Accordingly, petitioner may deduct her gambling expenses             
          under section 162(a) to the extent allowable under section                  
          165(d).                                                                     
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                        for petitioner.                               





















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