Victoria and Denis M. Lyszkowski - Page 3

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          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 machine              




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