Legal Opinion

Gajewski v. Commissioner

United States Tax Court

Decided May 23, 1985No. Docket No. 22936-80PublishedCited by 11 opinions

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

OPINION

Tannenwald, Judge:

This case is before us upon the reversal and remand of our decision (T.C. Memo. 1983-133) by the United States Court of Appeals for the Second Circuit (723 F.2d 1062 (2d Cir. 1983)). In our decision, we held that petitioner’s gambling losses during the taxable years 1976 and 1977 were deductible as trade or business expenses under section 62(1),1 and were therefore not tax-preference items for minimum tax purposes. In so holding, we applied the "facts and circumstances test” for determining whether petitioner was in a trade or business, a test we adopted in our…

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

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

3Cited by11 opinions

  1. Hochman v. CommissionerUnited States Tax Court · 1986
  2. LUTZ v. COMMISSIONERUnited States Tax Court · 2002
  3. Valenti v. CommissionerUnited States Tax Court · 1994
  4. BALOT v. COMMISSIONERUnited States Tax Court · 2001
  5. Kalisch v. CommissionerUnited States Tax Court · 1986

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

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