Legal Opinion

Frey v. Commissioner

United States Board of Tax Appeals

Decided January 16, 1925No. Docket No. 391PublishedCited by 24 opinions

Losses sustained in illegal gambling operations are not deductible under section 214(a) of the Revenue Act of 1918.

1Opinion of the Court

*340OPINION.

Graupner :

The issue presented by this appeal is whether losses sustained in gaming and betting are properly allowable as deductions from gross income under the Revenue Act of 1918.

In presenting this appeal two admissions were made by the taxpayers, viz: (1) all of the gaming operations at which the deceased won or lost money were illegal under the laws of the States wherein they happened; and (2) the deceased paid his losses with full knowledge that they could not be recovered from him in law, and did so under the conviction that they were debts of honor.

The taxpayers claim the losses…

2Cases cited6 opinions

  1. Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
  2. McArthur v. MoffetWisconsin Supreme Court · 1910
  3. Scarborough v. SmithSupreme Court of Kansas · 1877
  4. Emerson v. NashWisconsin Supreme Court · 1905
  5. Bank of Indian Territory v. EcklesSupreme Court of Oklahoma · 1907

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

3Cited by24 opinions

  1. George Winkler v. United StatesCourt of Appeals for the First Circuit · 1956
  2. Skeeles v. United StatesUnited States Court of Claims · 1951
  3. Simms v. CommissionerUnited States Board of Tax Appeals · 1933
  4. Wagner v. CommissionerUnited States Board of Tax Appeals · 1934
  5. Gajewski v. CommissionerUnited States Tax Court · 1985

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

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