Ditunno v. Commissioner
United States Tax Court
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
Anthony J. Ditunno, Petitioner v. Commissioner of Internal Revenue, Respondent
Ditunno v. Commissioner
Docket No. 13880-81
United States Tax Court
80 T.C. 362; 1983 U.S. Tax Ct. LEXIS 119; 80 T.C. No. 12;
February 7, 1983, Filed
Decision will be entered under Rule 155.
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…
Also in this document: Dissent.
2Cases cited43 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
- Snow v. CommissionerSupreme Court of the United States · 1974
- Fischer v. CommissionerUnited States Tax Court · 1968
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