George E. and Gloria Tschetschot - Page 13

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               An understatement is reduced by the portion of the                     
          understatement that is attributable to the tax treatment of an              
          item for which there is substantial authority or with respect to            
          which there is adequate disclosure and a reasonable basis.  See             
          sec. 6662(d)(2)(B); sec. 1.6662-4(a), Income Tax Regs.  However,            
          no substantial authority exists to support petitioners’ position            
          as to either the inapplicability of section 165(d) to tournament            
          poker or Mr. Tschetschot’s status as a professional gambler.                
          Substantial “authority [exists] for the tax treatment of an item            
          only if the weight of the authorities supporting the treatment is           
          substantial in relation to the weight of authorities supporting             
          contrary treatment.”  Sec. 1.6662-4(d)(3)(i), Income Tax Regs.              
          Types of authority on which a taxpayer may rely include the                 
          Internal Revenue Code and regulations, revenue rulings and                  
          procedures, technical advice memoranda, and private letter                  
          rulings.  See sec. 1.6662-4(d)(3)(iii), Income Tax Regs.                    
          Additionally, whether or not there was adequate disclosure, there           
          is no reasonable basis to support petitioners’ position on                  
          tournament poker given the clear mandate of section 165(d) and              
          the existing caselaw interpreting it.  Accordingly, we are not              
          permitted to make a reduction in the understatement attributable            
          to respondent’s determination on that issue.                                
               In view of respondent’s concession that Mrs. Tschetschot’s             
          expenses are deductible, it is unclear whether there exists a               






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