Terri L and Austin W. Hartsock - Page 7

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                             Income                     Amount                        
                Wages, salaries, tips, etc.             1$93,582                      
                Taxable interest                       152                            
                Ordinary dividends                     30                             
                Capital gain or (loss)                  2(3,000)                      
                Rental real estate, royalties,       9,736                            
                partnerships, S corporations,                                         
                trusts, etc.                                                          
                Other income                            3293,750                      
                Total income                            $394,250                      
               1Of the $93,582 of total wages reported in petitioners’ 2000           
          return, The Frederick Painting Company paid $75,381.54 to Mr.               
          Hartsock and $18,200 to Ms. Hartsock.                                       
               2In Schedule D, Capital Gains and Losses, petitioners re-              
          ported a net short-term capital loss of $283,646 and a net long-            
          term capital gain of $11.                                                   
               3The parties agree that the $293,750 of “Other income”                 
          reported in petitioners’ 2000 return consisted solely of peti-              
          tioners’ gambling winnings.                                                 
               In petitioners’ 2000 return, petitioners claimed itemized              
          deductions totaling $309,580.  Included in those itemized deduc-            
          tions was a deduction for $293,022 of claimed gambling losses.              
               Respondent issued to petitioners a notice of deficiency                
          (notice) for their taxable years 1999 and 2000.  In that notice,            
          respondent disallowed the gambling loss deductions of $230,825              
          and $293,022 that petitioners claimed in petitioners’ 1999 return           
          and petitioners’ 2000 return, respectively.  In the notice,                 
          respondent also determined that petitioners are liable for each             
          of their taxable years 1999 and 2000 for the accuracy-related               
          penalty under section 6662(a) because of section 6662(b)(1).                








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Last modified: May 25, 2011