- 21 - substantial wage income. Yet petitioners reported neither gambling winnings nor gambling losses on their Federal income tax return, nor did they disclose this omission on their return. On brief, petitioners argue that they are not liable for the accuracy-related penalty because they believed their gambling losses exceeded their gambling winnings and “in good faith with reasonable cause under a wrong assumption did not report the gambling winnings.” It is well settled that taxpayers have a duty to report as gross income gambling winnings such as those involved here; gambling losses must be claimed as itemized deductions, subject to statutory limitations. See McClanahan v. United States, 292 F.2d at 631-632; Gajewski v. Commissioner, 84 T.C. at 982; Johnston v. Commissioner, 25 T.C. 106, 108 (1955). Taxpayers are required to take reasonable steps to determine the law and comply with it. Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992). The record does not indicate that petitioners took any such steps or that any portion of their underpayment was due to reasonable cause. Accordingly, we conclude that petitioners are liable for an accuracy-related penalty under section 6662(a). To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Last modified: May 25, 2011