- 3 - winnings are exempt from tax pursuant to section 3402(q)(5); (2) petitioner was not legally required to sign the Form W-2G when he received his slot machine winnings; (3) petitioner withdrew his signature on the Form W-2G, thereby removing himself from its legally binding terms; and (4) the Commissioner has no authority to issue section 7.6041-1, Temporary Proced. & Admin. Regs., 42 Fed. Reg. 1471 (Jan. 7, 1977), as amended by 42 Fed. Reg. 33286 (June 30, 1977), requiring payers of slot machine winnings to issue Forms W-2G to payees. Respondent argues that winnings from slot machines are includable in gross income and are, therefore, taxable. In addition, respondent asserts that the Commissioner has the authority to issue section 7.6041-1, Temporary Proced. & Admin. Regs., supra, which requires payers of slot machine winnings to issue Forms W-2G to payees. Respondent concludes that, although section 3402 exempts slot machine winnings from withholding at the source, such winnings are not exempt from taxation. Petitioner's arguments are substantially identical to those he advanced before this Court regarding the taxability of his 1989 and 1990 slot machine winnings. We found that petitioner had slot machine winnings in 1989 and 1990 in the amounts of $1 million and $2,500, respectively. See Lyszkowski v. Commissioner, T.C. Memo. 1995-235, on appeal (3d Cir., Sept. 5, 1995). In that case, we painstakingly addressed each of petitioner's arguments before concluding that the slot machinePage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011