Victoria and Denis M. Lyszkowski - Page 4

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          winnings were taxable.  We explained that although section 3402             
          exempts slot machine winnings from withholding, this section                
          applies to payers and not to the "ultimate tax liability of the             
          payees who receive such winnings".  In addition, we noted that              
          petitioner was confusing the exemption from withholding with an             
          exemption from gross income.  We also held that petitioner's                
          challenge to the Treasury Department's authority to promulgate              
          section 7.6041-1, Temporary Proced. & Admin. Regs., supra, was              
          without merit.                                                              
               There is no question that petitioner's slot machine winnings           
          represent gross income.  See United States v. Monteiro, 871 F.2d            
          204 (1st Cir. 1989); Johnston v. Commissioner, 25 T.C. 106                  
          (1955).  We agree with the analysis presented in Lyszkowski v.              
          Commissioner, T.C. Memo. 1995-235.  We perceive no need to                  
          explain again why the slot machines winnings are taxable income.            
               The remainder of petitioner's arguments appear to challenge            
          the authority of the Internal Revenue Service generally.  We will           
          not address arguments which appear to be a protest of the Federal           
          income tax laws.  As the Court of Appeals for the Fifth Circuit             
          noted:  "We perceive no need to refute these arguments with                 
          somber reasoning and copious citation of precedent; to do so                
          might suggest that these arguments have some colorable merit."              
          Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984); see             
          also Sauers v. Commissioner, 771 F.2d 64, 67 (3d Cir. 1985),                
          affg. T.C. Memo. 1984-367.                                                  




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