Groetzinger V. Green Tax Memo

547 Words3 Pages
TO: Dr. Green FROM: DATE: 9/27/09 RE: Tax Memo #1/Gambling Activities Dr. Green, The first issue is what criterion is used to determine whether your gambling activities constitute a trade or business for tax purposes. The criteria has been loosely established in ¶1620.02.C. Operation of Trade or Business and the Supreme Court has broadly defined the term trade or business to include any activity engaged in with continuity and regularity with the objective of making a profit(Groetzinger v. Comr., 480 U.S. 23 (1987). Courts also generally consider the following factors in determining whether a trade or business exists: the extent and nature of sales efforts, the number, continuity, and regularity of sales, the extent to which the taxpayer attempts to increase sales by improving the property and advertising, the time and effort devoted to sales by the taxpayer (U.S. v. Winthrop, 417 F.2d 905 (5th Cir. 1969). One court described the inquiry as whether the taxpayer "has engaged in a sufficient quantum of focused activity to be considered to be engaged in a trade or…show more content…
The Supreme Court has ruled that a professional gambler is entitled to deduct gambling losses as a trade of business expense. The fact that the taxpayer did not offer goods or services to others did not preclude characterization of the activities as a trade or business, rather, the appropriate “business” test was that the taxpayer must be involved in the activity with continuity and regularity and the taxpayer’s primary purpose for engaging in the activity must be for income or profit. (R.P. Groetzinger,87-1 USTC 9191 480 U.S. 23, 107 S Ct. 980 1987, 9622, 771 F.2d 269 (CA-7 1985). Since the expenses for lodging and travel you incurred were related to non business activities they would be considered personal expenses and as such cannot be deducted on his tax

More about Groetzinger V. Green Tax Memo

Open Document