Legal Opinion

Ditunno v. Commissioner

United States Tax Court

Decided February 7, 1983No. Docket No. 13880-81PublishedCited by 41 opinions

Held, based on the facts and circumstances in the record, taxpayer, a full-time gambler, was in the trade or business of gambling. Higgins v. Commissioner, 312 U.S. 212 (1941), followed, and Gentile v. Commissioner, 65 T.C. 1 (1975), overruled. Held, further, taxpayer's gambling losses were not items of tax preference for purposes of computing the minimum tax under sec. 56 or sec. 55, I.R.C. 1954.

1Opinion of the Court

Shields, Judge:

Respondent determined the following deficiencies in petitioner’s Federal income taxes:

Year Deficiency

1977 ..¿.. $1,992.60

1978 ,.,;. 2,364.60

1979 ■'. 787.90

Due to concessions, the sole issue for decision is whether petitioner’s gambling losses are properly characterized as deductions from gross income under section 62(1)1 or as itemized deductions under section 63. Resolution of this issue determines whether petitioner is subject to the minimum tax on items of tax preference under section 56 for his 1977 and 1978 taxable years, and whether he is subject to the alternative…

2Cases cited24 opinions

  1. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  2. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  3. Higgins v. CommissionerSupreme Court of the United States · 1941
  4. Snow v. CommissionerSupreme Court of the United States · 1974
  5. United States v. PyneSupreme Court of the United States · 1941

19 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Commissioner v. GroetzingerSupreme Court of the United States · 1987
  2. Green v. Comm'rUnited States Tax Court · 1984
  3. Robert P. Groetzinger v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1985
  4. Groetzinger v. CommissionerUnited States Tax Court · 1984
  5. Hoopengarner v. CommissionerUnited States Tax Court · 1983

36 more not listed; retrieve them via the Exa API.

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