George E. and Gloria Tschetschot - Page 7

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               Congress has made a policy decision such that, while section           
          165 generally allows losses to be deducted from gross income,               
          “[l]osses from wagering transactions shall be allowed only to the           
          extent of the gains from such transactions.”7  Sec. 165(d); see             
          also sec. 165(a).  However, neither the Internal Revenue Code nor           
          the regulations define what constitutes a wagering activity.                
               When a term is not defined, we must apply the term’s “plain,           
          obvious, and rational meaning.”  Liddle v. Commissioner, 103 T.C.           
          285, 293 n.4 (1994), affd. 65 F.3d 329 (3d Cir. 1995); see also             
          Boyd v. United States, 762 F.2d 1369, 1373 (9th Cir. 1985).                 
          According to the dictionary, a “wager” is defined as “something             
          risked or staked on an uncertain event” or “a bet”.  Random House           
          College Dictionary (1968).  Similarly, “to wager” is                        



               6(...continued)                                                        
          redesignated sec. 23(h) by the Revenue Act of 1938, ch. 289, 52             
          Stat. 461 and then continued as such in the 1939 Code until                 
          enacted as sec. 165(d) in the 1954 Code) uses the terms                     
          “wagering” and “gambling” interchangeably.                                  
               7  Sec. 165(d) applies to both professional and recreational           
          gamblers.  See, e.g., Boyd v. United States, 762 F.2d 1369 (9th             
          Cir. 1985); Offutt v. Commissioner, 16 T.C. 1214 (1951);                    
          Heidelberg v. Commissioner, T.C. Memo. 1977-133.  One of the                
          consequences to professional gamblers is that the loss carryover            
          provisions of sec. 172 are unavailable for amounts attributable             
          to wagering activity.  That is not an issue in this case as Mrs.            
          Tschetschot had other income to absorb her expenses properly                
          deductible as a professional.  One of the consequences to                   
          nonprofessionals is that they may only deduct gambling losses if            
          they itemize deductions on their tax returns.  Sec. 62(a); see              
          also Heidelberg v. Commissioner, supra.                                     





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