Legal Opinion
Richard Gajewski v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided December 15, 1983No. 347, Docket 83-4121PublishedCited by 24 opinions
1Opinion of the Court
MANSFIELD, Circuit Judge:
The issue raised by this appéal pursuant to 26 U.S.C. § 7482 by the Commissioner from a decision of the United States Tax Court is whether a full-time gambler for his own account can be engaged in a “trade or business” within the meaning of 26 U.S.C. § 62(1) even though he offers no goods or services to others. 1 If so, he could deduct his net gambling losses for purposes of arriving at, his adjusted gross income subject to tax, regardless whether his gambling losses exceeded his winnings, and thus avoid a minimum tax that would otherwise be due on excess itemized…
2Cases cited24 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Higgins v. CommissionerSupreme Court of the United States · 1941
- Margit Sigray Bessenyey v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1967
- Snow v. CommissionerSupreme Court of the United States · 1974
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Commissioner v. GroetzingerSupreme Court of the United States · 1987
- J.R. Betson, Jr. And Joan Sue Betson v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1986
- Robert P. Groetzinger v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1985
- Groetzinger v. CommissionerUnited States Tax Court · 1984
- Stephen Marrin and Jane Marrin v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1998
19 more not listed; retrieve them via the Exa API.