Hold Gambling Definition
2021年1月13日Download: http://gg.gg/ntsis
*Hold Gambling Definition Dictionary
*Hold Gambling Definition Synonym
*Gamble definition is - to play a game for money or property. How to use gamble in a sentence.
*GAMBLING 3-NT Definition: A Gambling 3-NT is a pre-emptive opening bid. The bid is used to describe a hand containing a Minor suit of at least 7 cards in length headed by the AKQ at minimum. The hand must not contain any more than an outside Queen or two Jacks, else it is.
Last week I noted that, in general, a taxpayer cannot simply net all gambling winnings and losses from the tax year and report the resulting amount. Instead, a taxpayer must separate gambling winning sessions and gambling losing sessions.Takeaway #1: The Internal Revenue Code permits the deduction of gambling losses only to the extent of gambling winnings.
A taxpayer with an overall loss from gambling for the year cannot use the net loss to offset other income, create a net operating loss carryback or carryover, or be carried to a previous or future tax year to offset gambling winnings in such year.Takeaway #2: Casual gamblers report total gambling winnings on line 21 of Form 1040 (Other Income), and report total gambling losses as an itemized deduction on Schedule A.
There are several possible tax consequences from separate reporting of winnings and losses. I will mention a few.
First, if a taxpayer’s total itemized deductions are less than the standard deduction, then the gambling losses have no tax benefit. Second, gambling winnings are included in a taxpayer’s Adjusted Gross Income (AGI), but gambling losses are not. An inflated AGI can further limit a taxpayer’s ability to take other deductions. For example, medical expenses, an itemized deduction, can be deducted only to the extent they exceed 7.5% of the taxpayer’s AGI. Third, a taxpayer’s gambling losses may trigger the Alternative Minimum Tax.
A certain type of taxpayer, however, treats gambling winnings and losses differently from above: The professional gambler.
US online gambling is easily one of the most profitable and largely expanding industries supported nowadays. With hardly two decades of operations and a number of discrepancies, turbulence, and hindrances along the way, its current success came much as a surprise to the opposing parties. Oct 22, 2016 Compulsive gambling, also called gambling disorder, is the uncontrollable urge to keep gambling despite the toll it takes on your life. Gambling means that you’re willing to risk something you value in the hope of getting something of even greater value.Takeaway #3: The professional gambler reports gambling winnings and losses on Schedule C, Profit or Loss From Business.
A professional gambler is viewed under the tax code as engaged in the trade or business of gambling. The taxpayer “nets” all gambling winning and losing sessions, and reports the result (either zero or greater) as gross receipts on the Schedule C. The limitation on deducting gambling losses still applies.
Because the professional gambler is viewed as self-employed, the taxpayer may also deduct “ordinary and necessary” business expenses incurred in connection with the business. I’ll expand on business expenses for professional gamblers in next week’s post.
The professional gambler is also subject to the self-employment tax, which is a social security and Medicare tax primarily for individuals who work for themselves. It is similar to the social security and Medicare taxes withheld from the pay of most wage earners. For the 2011 tax year, the self-employment tax was 13.3% for the first $106,000 of business income, and 2.9% thereafter. A taxpayer may deduct one-half of the self-employment tax as an above the line deduction.Takeaway #4: The professional versus amateur gambler status for tax purposes is a facts and circumstances determination.
A taxpayer cannot choose the status that produces a lesser tax bill. There is Supreme Court of the United States precedent governing this issue. In Commissioner v. Groetzinger, 480 U.S. 23 (1987), the Court established the professional gambler standard (emphasis added):Hold Gambling Definition Dictionary
[I]f one’s gambling activity is pursued full time, in good faith, and with regularity, to the production of income for a livelihood, and is not a mere hobby, it is a trade or business within the meaning of the statutes with which we are here concerned.
Despite receiving other forms of income in 1978, Mr. Groetzinger was held to be a professional gambler for the year because he spent 60 to 80 hours per week at dog races gambling solely for his own account. Gambling was his full-time job and livelihood. Notably, Mr. Groetzinger had a net gambling loss in 1978. Thus, actual profit is not a requirement for professional gambler status.
Since Groetzinger, the IRS and several state tax agencies have challenged the professional gambler status claimed by many taxpayers. There’s a common theme among losing taxpayer cases that go to trial: Substantial time was devoted to generating non-gambling income.
In addition to applying the standard established by the Supreme Court, the U.S. Tax Court and state tax courts sometimes apply the following non-exhaustive nine factor test found in the Internal Revenue Code regulations:
*Manner in which the taxpayer carries on the activity;
*The expertise of the taxpayer or his advisers;
*The time and effort expended by the taxpayer in carrying on the activity;
*Expectation that assets used in the activity may appreciate in value;
*The success of the taxpayer in carrying on other similar or dissimilar activities;
*The taxpayer’s history of income or losses with respect to the activity;
*The amount of occasional profits, if any, which are earned;
*The financial status of the taxpayer; and
*Elements of personal pleasure or recreation.
The burden of proof is on the professional gambler to prove such status. Again, whether one should file as a professional gambler is a facts and circumstances determination. In most cases, it should be pretty clear where the taxpayer falls.
Author’s note: I must remind all readers that it is impossible to offer comprehensive tax advice on the internet. Information I write on this blog is not legal advice, and is not intended to address anyone’s particular tax situation. Should you seek such advice, consult with a tax professional to discuss your facts and circumstances.
IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. federal tax advice contained in this blog is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained in this blog.By Brad Polizzano, J.D., LL.M., New York City
Totaling a taxpayer’s Forms W-2G, Certain Gambling Winnings, for the year would seem to be the straightforward way to determine the amount of gambling winnings to report on a tax return. Forms W-2G, however, do not necessarily capture all of a taxpayer’s gambling winnings and losses for the year. How are these amounts reported and substantiated on a tax return? Does the answer change if the taxpayer seeks to make a living as a poker player? Do states tax gambling differently?
There are many nuances and recent developments under federal and state tax laws about gambling and other similar activities. With proper recordkeeping and guidance, a taxpayer with gambling winnings may significantly reduce audit exposure.Income and Permitted Deductions
Under Sec. 61(a), all income from whatever source derived is includible in a U.S. resident’s gross income. Whether the gambling winnings are $5 or $500,000, all amounts are taxable.
A taxpayer may deduct losses from wagering transactions to the extent of gains from those transactions under Sec. 165(d). For amateur gamblers, gambling losses are reported as an itemized deduction on Schedule A, Itemized Deductions. The law is not as kind to nonresidents: While nonresidents must also include U.S.-source gambling winnings as income, they cannot deduct gambling losses against those winnings. Nonresidents whose gambling winnings are connected to a trade or business may deduct gambling losses to the extent of winnings, however, under Sec. 873.
Case law and IRS guidance have established that a taxpayer may determine gambling winnings and losses on a session basis.
Neither the Code nor the regulations define the term ’transactions’ as stated in Sec. 165(d). Tax Court cases have recognized that gross income from slot machine transactions is determined on a session basis (see Shollenberger, T.C. Memo. 2009-306; LaPlante, T.C. Memo. 2009-226).What Is a Session?
In 2008, the IRS Chief Counsel opined that a slot machine player recognizes a wagering gain or loss at the time she redeems her tokens because fluctuating wins and losses left in play are not accessions to wealth until the taxpayer can definitely calculate the amount realized (Advice Memorandum 2008-011). This method is also recognized in both Schollenberger and LaPlante, as a by-bet method would be unduly burdensome and unreasonable for taxpayers. To this end, the IRS issued Notice 2015-21, which provides taxpayers a proposed safe harbor to determine gains or losses from electronically tracked slot machine play.
Under Notice 2015-21, a taxpayer determines wagering gain or loss from electronically tracked slot machine play at the end of a single session of play, rather than on a by-bet basis. Electronically tracked slot machine play uses an electronic player system controlled by the gaming establishment—such as the use of a player’s card—that records the amount a specific individual won and wagered on slot machine play. A single session of play begins when a taxpayer places a wager on a particular type of game and ends when the taxpayer completes his or her last wager on the same type of game before the end of the same calendar day.
A taxpayer recognizes a wagering gain if, at the end of a single session of play, the total dollar amount of payouts from electronically tracked slot machine play during that session exceeds the total dollar amount of wagers placed by the taxpayer on the electronically tracked slot machine play during that session. A taxpayer recognizes a wagering loss if, at the end of a single session of play, the total dollar amount of wagers placed by the taxpayer on electronically tracked slot machine play exceeds the total dollar amount of payouts from electronically tracked slot machine play during the session.
There is little to no guidance defining a session for other casino games, such as poker. Furthermore, because there are different poker game formats (cash and tournament) and game types (Texas hold ’em, pot limit Omaha, etc.), it is unclear whether the one-session-per-day analysis would apply to poker in general. A taxpayer who plays different types of poker games may have to record separate sessions for each type of poker game played each day.
In a 2015 Chief Counsel memorandum (CCM), the IRS concluded that a taxpayer’s multiple buy-ins for the same poker tournament could not be aggregated for purposes of determining the reportable amount on a taxpayer’s Form W-2G (CCM 20153601F). This analysis implies that the IRS may view each poker tournament buy-in as a separate gambling session. A key point leading to the conclusion was that the buy-ins were not identical because the tournament circumstances were different each time the taxpayer made an additional buy-in.Requirement to Maintain Accurate Records
In Rev. Proc. 77-29, the IRS states that a taxpayer must keep an accurate diary or other similar record of all losses and winnings. According to Rev. Proc. 77-29, the diary should contain:
*The date and type of the specific wager or wagering activity;
*The name and address or location of the gambling establishment;
*The names of other persons present at the gambling establishment; and
*The amounts won or lost.
It is hard to believe the IRS would disallow a taxpayer’s gambling loss deduction solely because the taxpayer did not write down in her diary the names of other persons at her blackjack table. The IRS does acknowledge that a taxpayer may prove winnings and losses with other documentation, such as statements of actual winnings from the gambling establishment.Special Rules for Professional Gamblers
The professional gambler reports gambling winnings and losses for federal purposes on Schedule C, Profit or Loss From Business. A professional gambler is viewed as engaged in the trade or business of gambling. To compute business income, the taxpayer may net all wagering activity but cannot report an overall wagering loss. In addition, the taxpayer may deduct ’ordinary and necessary’ business expenses (expenses other than wagers) incurred in connection with the business.
Whether a gambler is an amateur or a professional for tax purposes is based on the ’facts and circumstances.’ In Groetzinger, 480 U.S. 23 (1987), the Supreme Court established the professional gambler standard: ’If one’s gambling activity is pursued full time, in good faith, and with regularity, to the production of income for a livelihood, and is not a mere hobby, it is a trade or business.’ The burden of proof is on the professional gambler to prove this status.
Despite receiving other forms of income in 1978, Robert Groetzinger was held to be a professional gambler for the year because he spent 60 to 80 hours per week gambling at dog races. Gambling was his full-time job and livelihood. Notably, Groetzinger had a net gambling loss in 1978. Thus, actual profit is not a requirement for professional gambler status.
In addition to applying the standard established in Groetzinger, courts sometimes apply the following nonexhaustive nine-factor test in Regs. Sec. 1.183-2(b)(1) used to determine intent to make a profit under the hobby loss rules to decide whether a taxpayer is a professional gambler:
*Manner in which the taxpayer carries on the activity;
*The expertise of the taxpayer or his advisers;
*The time and effort the taxpayer expended in carrying on the activity;
*Expectation that assets used in the activity may appreciate in value;
*The taxpayer’s success in carrying on other similar or dissimilar activities;
*The taxpayer’s history of income or losses with respect to the activity;
*The amount of occasional profits, if any, that are earned;
*The financial status of the taxpayer; and
*Elements of personal pleasure or recreation.
What if a professional gambler’s ordinary and necessary business expenses exceed the net gambling winnings for the year? In Mayo, 136 T.C. 81 (2011), the court held the limitation on deducting gambling losses does not apply to ordinary and necessary business expenses incurred in connection with the trade or business of gambling. Therefore, a professional gambler may report a business loss, which may be applied against other income from the year.Limitations on Loss Deductions
Some states do not permit amateur taxpayers to deduct gambling losses as an itemized deduction at all. These states include Connecticut, Illinois, Indiana, Kansas, Massachusetts, Michigan, North Carolina, Ohio, Rhode Island, West Virginia, and Wisconsin. A taxpayer who has $50,000 of gambling winnings and $50,000 of gambling losses in Wisconsin for a tax year, for example, must pay Wisconsin income tax on the $50,000 of gambling winnings despite breaking even from gambling for the year.
Because professional gamblers may deduct gambling losses for state income tax purposes, some state tax agencies aggressively challenge a taxpayer’s professional gambler status. A taxpayer whose professional gambler status is disallowed could face a particularly egregious state income tax deficiency if the taxpayer reported on Schedule C the total of Forms W-2G instead of using the session method under Notice 2015-21. In this situation, the state may be willing to consider adjusting the assessment based on the session method if the taxpayer provides sufficient documentation.Changes Ahead Likely
Tax laws addressing gambling and other similar activities will continue to evolve as new types of games and technologies emerge. Some related tax issues that will come to the forefront include session treatment for online gambling activity and whether daily fantasy sports are considered gambling. As more and more states legalize online gambling and daily fantasy sports, Congress or the IRS will have no choice but to address these issues.
EditorNotesHold Gambling Definition Synonym
Mark Heroux is a principal with the Tax Services Group at Baker Tilly Virchow Krause LLP in Chicago.
For additional information about these items, contact Mr. Heroux at 312-729-8005 or mark.heroux@bakertilly.com.
Unless otherwise noted, contributors are members of or associated with Baker Tilly Virchow Krause LLP.
Download: http://gg.gg/ntsis https://diarynote-jp.indered.space
*Hold Gambling Definition Dictionary
*Hold Gambling Definition Synonym
*Gamble definition is - to play a game for money or property. How to use gamble in a sentence.
*GAMBLING 3-NT Definition: A Gambling 3-NT is a pre-emptive opening bid. The bid is used to describe a hand containing a Minor suit of at least 7 cards in length headed by the AKQ at minimum. The hand must not contain any more than an outside Queen or two Jacks, else it is.
Last week I noted that, in general, a taxpayer cannot simply net all gambling winnings and losses from the tax year and report the resulting amount. Instead, a taxpayer must separate gambling winning sessions and gambling losing sessions.Takeaway #1: The Internal Revenue Code permits the deduction of gambling losses only to the extent of gambling winnings.
A taxpayer with an overall loss from gambling for the year cannot use the net loss to offset other income, create a net operating loss carryback or carryover, or be carried to a previous or future tax year to offset gambling winnings in such year.Takeaway #2: Casual gamblers report total gambling winnings on line 21 of Form 1040 (Other Income), and report total gambling losses as an itemized deduction on Schedule A.
There are several possible tax consequences from separate reporting of winnings and losses. I will mention a few.
First, if a taxpayer’s total itemized deductions are less than the standard deduction, then the gambling losses have no tax benefit. Second, gambling winnings are included in a taxpayer’s Adjusted Gross Income (AGI), but gambling losses are not. An inflated AGI can further limit a taxpayer’s ability to take other deductions. For example, medical expenses, an itemized deduction, can be deducted only to the extent they exceed 7.5% of the taxpayer’s AGI. Third, a taxpayer’s gambling losses may trigger the Alternative Minimum Tax.
A certain type of taxpayer, however, treats gambling winnings and losses differently from above: The professional gambler.
US online gambling is easily one of the most profitable and largely expanding industries supported nowadays. With hardly two decades of operations and a number of discrepancies, turbulence, and hindrances along the way, its current success came much as a surprise to the opposing parties. Oct 22, 2016 Compulsive gambling, also called gambling disorder, is the uncontrollable urge to keep gambling despite the toll it takes on your life. Gambling means that you’re willing to risk something you value in the hope of getting something of even greater value.Takeaway #3: The professional gambler reports gambling winnings and losses on Schedule C, Profit or Loss From Business.
A professional gambler is viewed under the tax code as engaged in the trade or business of gambling. The taxpayer “nets” all gambling winning and losing sessions, and reports the result (either zero or greater) as gross receipts on the Schedule C. The limitation on deducting gambling losses still applies.
Because the professional gambler is viewed as self-employed, the taxpayer may also deduct “ordinary and necessary” business expenses incurred in connection with the business. I’ll expand on business expenses for professional gamblers in next week’s post.
The professional gambler is also subject to the self-employment tax, which is a social security and Medicare tax primarily for individuals who work for themselves. It is similar to the social security and Medicare taxes withheld from the pay of most wage earners. For the 2011 tax year, the self-employment tax was 13.3% for the first $106,000 of business income, and 2.9% thereafter. A taxpayer may deduct one-half of the self-employment tax as an above the line deduction.Takeaway #4: The professional versus amateur gambler status for tax purposes is a facts and circumstances determination.
A taxpayer cannot choose the status that produces a lesser tax bill. There is Supreme Court of the United States precedent governing this issue. In Commissioner v. Groetzinger, 480 U.S. 23 (1987), the Court established the professional gambler standard (emphasis added):Hold Gambling Definition Dictionary
[I]f one’s gambling activity is pursued full time, in good faith, and with regularity, to the production of income for a livelihood, and is not a mere hobby, it is a trade or business within the meaning of the statutes with which we are here concerned.
Despite receiving other forms of income in 1978, Mr. Groetzinger was held to be a professional gambler for the year because he spent 60 to 80 hours per week at dog races gambling solely for his own account. Gambling was his full-time job and livelihood. Notably, Mr. Groetzinger had a net gambling loss in 1978. Thus, actual profit is not a requirement for professional gambler status.
Since Groetzinger, the IRS and several state tax agencies have challenged the professional gambler status claimed by many taxpayers. There’s a common theme among losing taxpayer cases that go to trial: Substantial time was devoted to generating non-gambling income.
In addition to applying the standard established by the Supreme Court, the U.S. Tax Court and state tax courts sometimes apply the following non-exhaustive nine factor test found in the Internal Revenue Code regulations:
*Manner in which the taxpayer carries on the activity;
*The expertise of the taxpayer or his advisers;
*The time and effort expended by the taxpayer in carrying on the activity;
*Expectation that assets used in the activity may appreciate in value;
*The success of the taxpayer in carrying on other similar or dissimilar activities;
*The taxpayer’s history of income or losses with respect to the activity;
*The amount of occasional profits, if any, which are earned;
*The financial status of the taxpayer; and
*Elements of personal pleasure or recreation.
The burden of proof is on the professional gambler to prove such status. Again, whether one should file as a professional gambler is a facts and circumstances determination. In most cases, it should be pretty clear where the taxpayer falls.
Author’s note: I must remind all readers that it is impossible to offer comprehensive tax advice on the internet. Information I write on this blog is not legal advice, and is not intended to address anyone’s particular tax situation. Should you seek such advice, consult with a tax professional to discuss your facts and circumstances.
IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. federal tax advice contained in this blog is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained in this blog.By Brad Polizzano, J.D., LL.M., New York City
Totaling a taxpayer’s Forms W-2G, Certain Gambling Winnings, for the year would seem to be the straightforward way to determine the amount of gambling winnings to report on a tax return. Forms W-2G, however, do not necessarily capture all of a taxpayer’s gambling winnings and losses for the year. How are these amounts reported and substantiated on a tax return? Does the answer change if the taxpayer seeks to make a living as a poker player? Do states tax gambling differently?
There are many nuances and recent developments under federal and state tax laws about gambling and other similar activities. With proper recordkeeping and guidance, a taxpayer with gambling winnings may significantly reduce audit exposure.Income and Permitted Deductions
Under Sec. 61(a), all income from whatever source derived is includible in a U.S. resident’s gross income. Whether the gambling winnings are $5 or $500,000, all amounts are taxable.
A taxpayer may deduct losses from wagering transactions to the extent of gains from those transactions under Sec. 165(d). For amateur gamblers, gambling losses are reported as an itemized deduction on Schedule A, Itemized Deductions. The law is not as kind to nonresidents: While nonresidents must also include U.S.-source gambling winnings as income, they cannot deduct gambling losses against those winnings. Nonresidents whose gambling winnings are connected to a trade or business may deduct gambling losses to the extent of winnings, however, under Sec. 873.
Case law and IRS guidance have established that a taxpayer may determine gambling winnings and losses on a session basis.
Neither the Code nor the regulations define the term ’transactions’ as stated in Sec. 165(d). Tax Court cases have recognized that gross income from slot machine transactions is determined on a session basis (see Shollenberger, T.C. Memo. 2009-306; LaPlante, T.C. Memo. 2009-226).What Is a Session?
In 2008, the IRS Chief Counsel opined that a slot machine player recognizes a wagering gain or loss at the time she redeems her tokens because fluctuating wins and losses left in play are not accessions to wealth until the taxpayer can definitely calculate the amount realized (Advice Memorandum 2008-011). This method is also recognized in both Schollenberger and LaPlante, as a by-bet method would be unduly burdensome and unreasonable for taxpayers. To this end, the IRS issued Notice 2015-21, which provides taxpayers a proposed safe harbor to determine gains or losses from electronically tracked slot machine play.
Under Notice 2015-21, a taxpayer determines wagering gain or loss from electronically tracked slot machine play at the end of a single session of play, rather than on a by-bet basis. Electronically tracked slot machine play uses an electronic player system controlled by the gaming establishment—such as the use of a player’s card—that records the amount a specific individual won and wagered on slot machine play. A single session of play begins when a taxpayer places a wager on a particular type of game and ends when the taxpayer completes his or her last wager on the same type of game before the end of the same calendar day.
A taxpayer recognizes a wagering gain if, at the end of a single session of play, the total dollar amount of payouts from electronically tracked slot machine play during that session exceeds the total dollar amount of wagers placed by the taxpayer on the electronically tracked slot machine play during that session. A taxpayer recognizes a wagering loss if, at the end of a single session of play, the total dollar amount of wagers placed by the taxpayer on electronically tracked slot machine play exceeds the total dollar amount of payouts from electronically tracked slot machine play during the session.
There is little to no guidance defining a session for other casino games, such as poker. Furthermore, because there are different poker game formats (cash and tournament) and game types (Texas hold ’em, pot limit Omaha, etc.), it is unclear whether the one-session-per-day analysis would apply to poker in general. A taxpayer who plays different types of poker games may have to record separate sessions for each type of poker game played each day.
In a 2015 Chief Counsel memorandum (CCM), the IRS concluded that a taxpayer’s multiple buy-ins for the same poker tournament could not be aggregated for purposes of determining the reportable amount on a taxpayer’s Form W-2G (CCM 20153601F). This analysis implies that the IRS may view each poker tournament buy-in as a separate gambling session. A key point leading to the conclusion was that the buy-ins were not identical because the tournament circumstances were different each time the taxpayer made an additional buy-in.Requirement to Maintain Accurate Records
In Rev. Proc. 77-29, the IRS states that a taxpayer must keep an accurate diary or other similar record of all losses and winnings. According to Rev. Proc. 77-29, the diary should contain:
*The date and type of the specific wager or wagering activity;
*The name and address or location of the gambling establishment;
*The names of other persons present at the gambling establishment; and
*The amounts won or lost.
It is hard to believe the IRS would disallow a taxpayer’s gambling loss deduction solely because the taxpayer did not write down in her diary the names of other persons at her blackjack table. The IRS does acknowledge that a taxpayer may prove winnings and losses with other documentation, such as statements of actual winnings from the gambling establishment.Special Rules for Professional Gamblers
The professional gambler reports gambling winnings and losses for federal purposes on Schedule C, Profit or Loss From Business. A professional gambler is viewed as engaged in the trade or business of gambling. To compute business income, the taxpayer may net all wagering activity but cannot report an overall wagering loss. In addition, the taxpayer may deduct ’ordinary and necessary’ business expenses (expenses other than wagers) incurred in connection with the business.
Whether a gambler is an amateur or a professional for tax purposes is based on the ’facts and circumstances.’ In Groetzinger, 480 U.S. 23 (1987), the Supreme Court established the professional gambler standard: ’If one’s gambling activity is pursued full time, in good faith, and with regularity, to the production of income for a livelihood, and is not a mere hobby, it is a trade or business.’ The burden of proof is on the professional gambler to prove this status.
Despite receiving other forms of income in 1978, Robert Groetzinger was held to be a professional gambler for the year because he spent 60 to 80 hours per week gambling at dog races. Gambling was his full-time job and livelihood. Notably, Groetzinger had a net gambling loss in 1978. Thus, actual profit is not a requirement for professional gambler status.
In addition to applying the standard established in Groetzinger, courts sometimes apply the following nonexhaustive nine-factor test in Regs. Sec. 1.183-2(b)(1) used to determine intent to make a profit under the hobby loss rules to decide whether a taxpayer is a professional gambler:
*Manner in which the taxpayer carries on the activity;
*The expertise of the taxpayer or his advisers;
*The time and effort the taxpayer expended in carrying on the activity;
*Expectation that assets used in the activity may appreciate in value;
*The taxpayer’s success in carrying on other similar or dissimilar activities;
*The taxpayer’s history of income or losses with respect to the activity;
*The amount of occasional profits, if any, that are earned;
*The financial status of the taxpayer; and
*Elements of personal pleasure or recreation.
What if a professional gambler’s ordinary and necessary business expenses exceed the net gambling winnings for the year? In Mayo, 136 T.C. 81 (2011), the court held the limitation on deducting gambling losses does not apply to ordinary and necessary business expenses incurred in connection with the trade or business of gambling. Therefore, a professional gambler may report a business loss, which may be applied against other income from the year.Limitations on Loss Deductions
Some states do not permit amateur taxpayers to deduct gambling losses as an itemized deduction at all. These states include Connecticut, Illinois, Indiana, Kansas, Massachusetts, Michigan, North Carolina, Ohio, Rhode Island, West Virginia, and Wisconsin. A taxpayer who has $50,000 of gambling winnings and $50,000 of gambling losses in Wisconsin for a tax year, for example, must pay Wisconsin income tax on the $50,000 of gambling winnings despite breaking even from gambling for the year.
Because professional gamblers may deduct gambling losses for state income tax purposes, some state tax agencies aggressively challenge a taxpayer’s professional gambler status. A taxpayer whose professional gambler status is disallowed could face a particularly egregious state income tax deficiency if the taxpayer reported on Schedule C the total of Forms W-2G instead of using the session method under Notice 2015-21. In this situation, the state may be willing to consider adjusting the assessment based on the session method if the taxpayer provides sufficient documentation.Changes Ahead Likely
Tax laws addressing gambling and other similar activities will continue to evolve as new types of games and technologies emerge. Some related tax issues that will come to the forefront include session treatment for online gambling activity and whether daily fantasy sports are considered gambling. As more and more states legalize online gambling and daily fantasy sports, Congress or the IRS will have no choice but to address these issues.
EditorNotesHold Gambling Definition Synonym
Mark Heroux is a principal with the Tax Services Group at Baker Tilly Virchow Krause LLP in Chicago.
For additional information about these items, contact Mr. Heroux at 312-729-8005 or mark.heroux@bakertilly.com.
Unless otherwise noted, contributors are members of or associated with Baker Tilly Virchow Krause LLP.
Download: http://gg.gg/ntsis https://diarynote-jp.indered.space
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