Spiegel & Utrera, P.A. Newsletter - Volume IX: Issue
X
Information,
Guidance, Counsel, Corporations, Limited Liability Companies & more!
Gambling Losses
Gambling winnings must be reported to the IRS as taxable income and may
be offset by gambling losses if you itemize deductions. A husband and
wife who are recreational gamblers had more than $44,000 worth of
winnings from repeatedly playing casino slot machines. The asserted that
they also had $46,500 of offsetting gambling losses, which the IRS
disallowed. The taxpayers� position was that they had credit card and
bank account debit cars showing $46,500 in cash withdrawals during the
couples� gambling trips, which indicated that the taxpayers were losing
money. In addition, these statements showed money spent at the casinos.
The IRS took the position that the taxpayers� records were insufficient
to establish that they sustained gambling losses. With no journal or
daily record to show losses, none could be allowed. The Court, however,
disagreed with the IRS and losses of $40,000 were allowed, leaving the
taxpayers with only about $4,000 in taxable net winnings instead of
$44,000. It is clear from this case that although the Court decided that
the taxpayers could claim the gambling losses, even with no specific
records, it�s best to keep detailed records of any gambling losses, even
those lottery tickets, to offset gains. Here, the couple still had to
pay taxes on more than $4,000 of net gambling income, which they might
have avoided by keeping a log.
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