- 8 - 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 $12,210Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011