Ronald J. Lutz, Jr. and Paula M. Lutz - Page 21




                                       - 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