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Friday, April 15, 2016

Indiana Decisions - Tax Court decision yesterday involved whether taxpayer was a professional, or a hobby gambler

In Popovich v. Ind. Dept. of Revenue, a 12-page opinion, Judge Wentworth writes:

Nick Popovich claims that he is a professional gambler and, as such, reported income and deductions associated with his trade. The Indiana Department of State Revenue disagreed that gambling was his occupation and issued adjusted gross income tax (AGIT) assessments for the 2003, 2004, and 2005 tax years (“years at issue”). The matter, currently before the Court on the Department’s Motion for Summary Judgment, presents the following issues for the Court to decide: whether the Department’s 2003 AGIT assessment was timely; and whether Popovich was a professional gambler eligible for certain deductions from his adjusted gross income. Upon review, the Court finds in favor of Popovich in part and denies the Department’s Motion. * * *

For the above-stated reasons, the Court finds that there are no genuine issues of material fact regarding the untimeliness of the Department’s 2003 Proposed Assessment, and therefore, the Court GRANTS summary judgment to Popovich with respect to this issue. Nonetheless, because there are genuine issues of material fact regarding whether Popovich was a professional gambler eligible for certain deductions from his adjusted gross income for the 2004 tax year, the Court DENIES summary judgment to either party with respect to this issue. Consequently, the Court will order the parties to file a joint status report under separate cover.

Posted by Marcia Oddi on April 15, 2016 11:23 AM
Posted to Ind. Tax Ct. Decisions