Darel Guy Taken, Jr. - Page 9




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          B.  Petitioner’s Tax Liabilities                                            
               Section 1(c) imposes a tax on the taxable income of                    
          unmarried individuals.  Section 63(b) defines “taxable income”,             
          as applicable to petitioner’s situation, as gross income less the           
          standard deduction and one personal exemption.  Section 61(a)               
          defines gross income to mean “all income from whatever source               
          derived”, specifically including compensation for services and              
          interest.  Sec. 61(a)(1), (4).  Given the broad phraseology of              
          section 61(a), courts have consistently held that gambling                  
          winnings are also includable in gross income.  See, e.g.,                   
          Lyszkowski v. Commissioner, T.C. Memo. 1995-235, and cases cited            
          therein, affd. without published opinion 79 F.3d 1138 (3rd Cir.             
          1996).                                                                      
               As detailed above, petitioner's taxable income for the years           
          in issue is as follows:                                                     
                 1995      1996      1997                                             
               Compensation             $45,282   $63,640   $61,825                   
               Interest income                5        82        27                   
               Gambling winnings           –--      9,867      –--                    
               Gross income              45,287    73,589    61,852                   
               Less:                                                                  
               Personal exemption      -2,500    -2,550    -2,650                     
               Standard deduction      -3,900    -4,000    -4,150                     
               Taxable income            38,887    67,039    55,052                   

               Pursuant to section 1(c), petitioner’s tax liabilities for             
          the years in issue are as follows:                                          
                     1995        1996        1997                                     
               $7,852      $15,917     $12,210                                        






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