Philip Stein and Kathryne Stein, Husband and Wife v. Commissioner of Internal Revenue

SHEEHY, District Judge.

This is an appeal from a decision of the Tax Court upholding the assessment of income tax deficiencies, against the petitioners because of the action of the Commissioner in disallowing certain gambling losses that the petitioner Philip Stein, hereinafter referred to as Stein, claimed to have sustained during 1952, 1953 and 1954, respectively.

Stein was a professional gambler during the years here involved — 1952, 1953 and 1954. His wife, Kathryne Stein, is involved herein only because she signed joint income tax returns with her husband during those years.

Petitioners…