Gambling Law Memorandum

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Tax Memorandum TO: Mr. Green FROM: DATE: Week 4 RE: Gambling Activities Issue One and Applicable Case Law, Code & Regulations It has come to our attention that you requested to know which criteria is used to determine if your gambling activities constitute a trade or business status for the federal income tax purposes and if we think your gambling activities qualify for trade or business status. The case of Commissioner v. Groetzinger, 480 U.S. 23 1987 is approriate for deciding if the gambling activity has trade or business status. The Supreme Court stated that some factors had to be considered by the commissioner in determining if a taxpayer’s gambling activities constitute trade or business status. Treasury Regulation…show more content…
Section 162 (a) of the Internal Return Code allows only that deductions be made if the activity incurred an expense was due to trade or business status of that activity. Therefore, your gambling activities are not trade thus their winnings can not be offset against your travelling and lodging expenses you incurred while gambling. Therefore, Mr. Green as a taxpayer, you are not allowed to deduct your gambling expenses against your gambling winnings. The case of Trent v. Commissioner, 291 F.2d 669 (2d Cir.1961) shows that it is only losses from business activities that can be deducted from the business profits and all the activities that involved the success of that main business will be offset against the business revenue. In conclusion, Mr. Greens gambling are not of trade or business status thus he can not use his gambling gains to pay off the traveling and lodging expenses he incurred while coming to…show more content…
Groetzinger, 480 U.S. 23 (1987). Retrieved September 25, 2010 from http://supreme.justia.com/us/480/23/” “Internal Revenue Code Section 165(d). Retrieved September 25, 2010 from http://www.taxalmanac.org/index.php/Sec._165” “McClanahan v. United States, 292 F2d 630, 631-32 (5th Cir 1961). Retrieved September 25, 2010 from http://www.publications.ojd.state.or.us/TCMD060008D.htm” “Section 62(a)(1). Retrieved September 25, 2010 from http://www.law.cornell.edu/uscode/26/usc_sec_26_00000062----000-.html” “Section 162(a). Retrieved September 25, 2010 from http://www.law.cornell.edu/uscode/uscode26/usc_sec_26_00000162----000-.html” “Section 3402 (q) (4) (A). Retrieved September 25, 2010 from http://www.irs.gov/irb/2007-36_IRB/ar21.html” “Treasury Regulation 1.183-2 (a). Retrieved September 25, 2010 from http://www.taxalmanac.org/index.php/Reg._1.183-2” “Trent v. Commissioner, 291 F.2d 669 (2d Cir.1961). Retrieved September 25, 2010 from http://openjurist.org/291/f2d/669/trent-v-commissioner-of-internal-revenue” "Treasury Regulation 1.165-10. Retrieved September 26, 2010

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