- 2 - 1991. The issue for decision is whether slot machine winnings received by petitioner Denis M. Lyszkowski constitute gross income pursuant to section 61. The facts in this case have been fully stipulated and are so found. The stipulated facts and attached exhibits are incorporated herein by this reference. At the time of filing the petition herein, petitioners resided at Doylestown, Pennsylvania. In 1991, Denis M. Lyszkowski (petitioner) received gambling winnings totaling $2,500 from slot machine play at Caesar's Boardwalk Regency (Caesar's) in Atlantic City, New Jersey. Federal income taxes were not withheld from these gambling winnings. Petitioner received a Form W-2G from Caesar's with respect to the slot machine winnings. Petitioners did not report the $2,500 as gross income on their jointly filed 1991 Federal income tax return. Respondent issued a notice of deficiency dated May 24, 1994, reflecting a $2,500 increase in petitioners' gross income. Petitioners filed a timely petition with this Court for a redetermination of the deficiency.2 The thrust of petitioners' argument is that the $2,500 in slot machine winnings is not taxable income. Petitioners base this conclusion on several grounds, namely: (1) Slot machine 2 We note that at the calendar call petitioners filed a motion to withdraw their petition. The Court denied the motion. Once a timely petition is filed in response to a notice of deficiency, we have exclusive jurisdiction. Sec. 6512(a). It is well established that "a taxpayer may not unilaterally oust the Tax Court from jurisdiction which, once invoked, remains unimpaired until it decides the controversy." Dorl v. Commissioner, 57 T.C. 720, 722 (1972), affd. 507 F.2d 406 (2d Cir. 1974).Page: Previous 1 2 3 4 5 Next
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