Legal Opinion

Gajewski v. Commissioner

United States Tax Court

Decided May 23, 1985No. Docket No. 22936-80Published

Held, on remand from the Court of Appeals for the Second Circuit (723 F.2d 1062), that this petitioner's gambling activities do not constitute a trade or business. Held, further, that the failure of Congress to permit the deduction of his gambling losses for purposes of computing the minimum tax is not unconstitutional.

1Opinion of the Court

Richard Gajewski, Petitioner v. Commissioner of Internal Revenue, Respondent

Gajewski v. Commissioner

Docket No. 22936-80

United States Tax Court

84 T.C. 980; 1985 U.S. Tax Ct. LEXIS 74; 84 T.C. No. 63;

May 23, 1985. May 23, 1985, Filed

Decision will be entered for the respondent.

Held, on remand from the Court of Appeals for the Second Circuit (723 F.2d 1062), that this petitioner's gambling activities do not constitute a trade or business. Held, further, that the failure of Congress to permit the deduction of his gambling losses for purposes of computing the minimum tax is not unconstitutional.

John…

2Cases cited26 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  3. Eisner v. MacOmberSupreme Court of the United States · 1920
  4. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  5. Sullenger v. CommissionerUnited States Tax Court · 1948

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