George E. and Gloria Tschetschot - Page 14

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          substantial understatement of income tax.  We therefore leave for           
          the parties to determine as part of the Rule 155 computation                
          whether there was, in fact, a substantial understatement for the            
          taxable year in issue.  If a substantial understatement exists              
          for the year in issue, petitioners are liable for the accuracy-             
          related penalty.                                                            
          III.  Conclusion                                                            
               The moral climate surrounding gambling has changed since the           
          tax provisions concerning wagering were enacted many years ago.             
          Not only has tournament poker become a nationally televised                 
          event, but casinos or lotteries can be found in many States.                
          Further, the ability for the Internal Revenue Service to                    
          accurately track money being lost and won has improved, and some            
          of the substantiation concerns, particularly for professionals,             
          no longer exist.  That said, the Tax Court is not free to rewrite           
          the Internal Revenue Code and regulations.  We are bound by the             
          law as it currently exists, and we are without the ability to               
          speculate on what it should be.  Accordingly, we hold that                  
          tournament poker is a wagering activity subject to the                      
          limitations of section 165(d).                                              












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