Legal Opinion

Ditunno v. Commissioner

United States Tax Court

Decided February 7, 1983No. Docket No. 13880-81Published

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

  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. Fischer v. CommissionerUnited States Tax Court · 1968

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