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  #35  
Old 10-05-2006, 12:57 AM
Phil Marti
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Posts: n/a
Default Re: raffling off a house

"A.G. Kalman" <agkdisposable-mtm[at]yahoo.com> wrote:

- quote -

> Please tell me which Reg. you reference as requiring you keep
> track of every pull of the slot machine.


Sorry, it's been years since I bumped into it, and I have no
idea where it was. I just remember thinking it was about
the silliest thing I'd ever seen. The last time I looked at
any regs having to do with gambling it was related to
withholding, but I doubt this issue is addressed there.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #34  
Old 09-26-2006, 06:34 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: raffling off a house

- quote -

> > > 3. I bet $10 with a casino on a ball game. They don't know
> > > me, so I have to put up $10 cash in case I lose. I win,
> > > they hand me my $10 back and my $10 winnings, as a single
> > > $20 bill. Is that now $20 in gambling winnings with $10
> > > in offsetting losses?


> > Still 10$ in winnings. You did not bet 10$; it was merely a
> > deposit and would have been a loss otherwise.


> Instead of betting on a game, I buy a $10 raffle ticket. I
> win fourth prize, $20. Still a $10 winning?


The way you're asking the questions, each a variant, makes
me think you're bucking for a place on the Supreme Court,
which incidentally reconvenes next Monday. anyway.

- quote -

> Actually, fourth prize is a book worth $10. Still a $10
> winning?


If the prize is worth 10$, it's still a winning, reportable
IN FULL on line 21 of 1040. Nothing to do with any possible
deduction on schedule a as I and others have borne out.

- quote -

> I got lucky and won first prize, a house worth $100,000.
> Doesn't that mean it's a $99,990 winning?


Nope. It's 100,000$ that goes on line 21, and the 10$ over
on schedule a.

ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #33  
Old 09-26-2006, 06:34 AM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: raffling off a house

- quote -

> > > 3. I bet $10 with a casino on a ball game. They don't know
> > > me, so I have to put up $10 cash in case I lose. I win,
> > > they hand me my $10 back and my $10 winnings, as a single
> > > $20 bill. Is that now $20 in gambling winnings with $10
> > > in offsetting losses?


> > Still 10$ in winnings. You did not bet 10$; it was merely a
> > deposit and would have been a loss otherwise.


> Instead of betting on a game, I buy a $10 raffle ticket. I
> win fourth prize, $20. Still a $10 winning?
> Actually, fourth prize is a book worth $10. Still a $10
> winning?


Oops, that should have said $20 for the book's value.

- quote -

> I got lucky and won first prize, a house worth $100,000.
> Doesn't that mean it's a $99,990 winning?


Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #32  
Old 09-25-2006, 05:48 AM
Herb Smith
Guest
 
Posts: n/a
Default Re: raffling off a house

way111[at]gmail.com wrote:

- quote -

> What are the tax implications if a person (rather than a
> charity) raffles off their house?
> For example, Joe Homeowner sells 1500 tickets at $100 per
> ticket to raffle off his house.
> Would the $150,000 he makes from selling tickets be
> considered income from the "sale" of his house? IOW, does he
> have a capital gain as opposed to regular income?


If there is a GAIN, it is a capital gain, but may be
eligible for Sec 121 treatment. A LOSS (selling price less
than cost basis) would not be deductible.

A bigger problem is that state law generally prohibits
private individuals from conducting lotteries.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #31  
Old 09-25-2006, 05:48 AM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: raffling off a house

- quote -

> > 3. I bet $10 with a casino on a ball game. They don't know
> > me, so I have to put up $10 cash in case I lose. I win,
> > they hand me my $10 back and my $10 winnings, as a single
> > $20 bill. Is that now $20 in gambling winnings with $10
> > in offsetting losses?


> Still 10$ in winnings. You did not bet 10$; it was merely a
> deposit and would have been a loss otherwise.


Instead of betting on a game, I buy a $10 raffle ticket. I
win fourth prize, $20. Still a $10 winning?

Actually, fourth prize is a book worth $10. Still a $10
winning?

I got lucky and won first prize, a house worth $100,000.
Doesn't that mean it's a $99,990 winning?

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #30  
Old 09-23-2006, 06:56 AM
way111@gmail.com
Guest
 
Posts: n/a
Default Re: raffling off a house

What are the tax implications if a person (rather than a
charity) raffles off their house?

For example, Joe Homeowner sells 1500 tickets at $100 per
ticket to raffle off his house.

Would the $150,000 he makes from selling tickets be
considered income from the "sale" of his house? IOW, does he
have a capital gain as opposed to regular income?

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #29  
Old 09-22-2006, 09:43 PM
fred jorden
Guest
 
Posts: n/a
Default Re: raffling off a house

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:
- quote -

> "Phil Marti" <prm20871[at]verizon.net> wrote:
> > "Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:


> > > My recollection on gambling issues is that if your gambling
> > > income exceeds gambling losses, then that's exactly what you
> > > can do.


> > This is incorrect. All winnings are included on line 21.
> > Losses, up to the amount of winnings, are a Schedule A
> > deduction.


> Can a professional gambler do a Schedule C?


It is not can, but he must. The only problem is that the
expenses and losses are not deductible if the activity is
not legal where it it takes place. Do they still have the
Tax stamps?

--
Frederick E. Jorden
http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207
Richmond, VA 23235-5247
EMAIL knowtax[at]verizon.net
(804) 320-6210 FAX (804) 320-6211

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #28  
Old 09-22-2006, 09:24 PM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: raffling off a house

Phil Marti wrote:

- quote -

> "Seth Breidbart" <sethb[at]panix.com> wrote:

> > If I play poker, do you really expect me to report every
> > hand? I know how much I started with and how much I ended
> > with, but the gross winnings (and losses) are much larger,
> > unknown, numbers.


> Yes, the Regs expect you to keep a record of the result of
> every hand or every pull of a slot machine. I suspect that
> any Tax Court judge who has ever played poker would accept
> records and return entries based on sessions, but I don't
> know if there's any case law on this or not.
> --
> Phil Marti
> Clarksburg, MD


Please tell me which Reg. you reference as requiring you keep
track of every pull of the slot machine.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #27  
Old 09-22-2006, 09:24 PM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: raffling off a house

- quote -

> > This for Seth, too. He is taxed on the FMV of the house.
> > that's the one entry on line 21 of form 1040. Then, and only
> > then, if he has enough deductions to itemize them on
> > schedule a, can he deduct the 150$. It's not a "netable"
> > (?) transaction.


> Let's consider three cases.
> 1. I bet $10 with a friend of mine on a ball game. I win, he
> hands me $10. That's $10 in gambling income, period,
> right?


Right.

- quote -

> 2. I bet $10 with a casino on a ball game. They know me, and
> they have my credit card on file, so I just tell them I'm
> placing the bet. I win, they hand me $10. That's still
> $10 in gambling income, right?


Casino's don't work that way. If you bet $10 then either
you pay them $10 or they debit your account $10. If you
win, they pay you $20 or credit your account $20. Either
way, you have $10 in gambling income.

- quote -

> 3. I bet $10 with a casino on a ball game. They don't know
> me, so I have to put up $10 cash in case I lose. I win,
> they hand me my $10 back and my $10 winnings, as a single
> $20 bill. Is that now $20 in gambling winnings with $10
> in offsetting losses?


See # 2 above. You have $10 in winnings. You have not
sustained any loss.

However, what if you placed two $10 bets on two different
games and won $10 on one bet and lost $10 on the other bet.
You would have $10 in gambling income and a $10 deduction if
you itemize.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #26  
Old 09-22-2006, 09:24 PM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: raffling off a house

Stuart A. Bronstein wrote:
- quote -

> "Phil Marti" <prm20871[at]verizon.net> wrote:
> > "Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:


> > > My recollection on gambling issues is that if your gambling
> > > income exceeds gambling losses, then that's exactly what you
> > > can do.


> > This is incorrect. All winnings are included on line 21.
> > Losses, up to the amount of winnings, are a Schedule A
> > deduction.


> Can a professional gambler do a Schedule C?


If by Professional Gambler you mean someone who earns
his/her living by gambling, then that person is
self-employed and the Schedule C is the proper place for
income and expenses.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #25  
Old 09-22-2006, 09:04 PM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: raffling off a house

- quote -

> > This for Seth, too. He is taxed on the FMV of the house.
> > that's the one entry on line 21 of form 1040. Then, and only
> > then, if he has enough deductions to itemize them on
> > schedule a, can he deduct the 150$. It's not a "netable"
> > (?) transaction.


> Let's consider three cases.
> 1. I bet $10 with a friend of mine on a ball game. I win, he
> hands me $10. That's $10 in gambling income, period,
> right?


Right

- quote -

> 2. I bet $10 with a casino on a ball game. They know me, and
> they have my credit card on file, so I just tell them I'm
> placing the bet. I win, they hand me $10. That's still
> $10 in gambling income, right?


Right. And they did not charge the credit card first anyway.
- quote -

> 3. I bet $10 with a casino on a ball game. They don't know
> me, so I have to put up $10 cash in case I lose. I win,
> they hand me my $10 back and my $10 winnings, as a single
> $20 bill. Is that now $20 in gambling winnings with $10
> in offsetting losses?


Still 10$ in winnings. You did not bet 10$; it was merely a
deposit and would have been a loss otherwise.

ChEAr$,
Harlan

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #24  
Old 09-21-2006, 05:49 PM
Phil Marti
Guest
 
Posts: n/a
Default Re: raffling off a house

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

- quote -

> Is it ever appropriate for a professional gambler to report
> on a Schedule C?


I would think so. I'm not aware of anything excluding
gambling from a "trade or business."

On the purely anecdotal front, I dealt with one such
taxpayer in my IRS collection days. Unfortunately, it's
more than 30 years ago, so I don't remember whether the
returns had been audited or not.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #23  
Old 09-21-2006, 05:49 PM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: raffling off a house

"Phil Marti" <prm20871[at]verizon.net> wrote:
- quote -

> "Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

> > My recollection on gambling issues is that if your gambling
> > income exceeds gambling losses, then that's exactly what you
> > can do.


> This is incorrect. All winnings are included on line 21.
> Losses, up to the amount of winnings, are a Schedule A
> deduction.


Can a professional gambler do a Schedule C?

Stu

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #22  
Old 09-21-2006, 05:49 PM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: raffling off a house

- quote -

> This for Seth, too. He is taxed on the FMV of the house.
> that's the one entry on line 21 of form 1040. Then, and only
> then, if he has enough deductions to itemize them on
> schedule a, can he deduct the 150$. It's not a "netable"
> (?) transaction.


Let's consider three cases.

1. I bet $10 with a friend of mine on a ball game. I win, he
hands me $10. That's $10 in gambling income, period,
right?

2. I bet $10 with a casino on a ball game. They know me, and
they have my credit card on file, so I just tell them I'm
placing the bet. I win, they hand me $10. That's still
$10 in gambling income, right?

3. I bet $10 with a casino on a ball game. They don't know
me, so I have to put up $10 cash in case I lose. I win,
they hand me my $10 back and my $10 winnings, as a single
$20 bill. Is that now $20 in gambling winnings with $10
in offsetting losses?

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #21  
Old 09-21-2006, 01:29 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: raffling off a house

Stuart A. Bronstein wrote:
- quote -

> kamlet[at]panix.com (Arthur Kamlet) wrote:
> > Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:
> > > "Gil Faver" <rowdy'sboss[at]xxyz.com> wrote:


> > > > A private school is raffling off a house in Santa Cruz, CA.
> > > > The tickets are $150.00 each.
> > > > > > > Once I win this house, will my basis in the house be
> > > > $150.00, or will I have income of FMV-$150.00?


> > > Since the raffel ticket isn't a capital asset and the house
> > > certainly isn't a gift, I'd guess that your basis is fair
> > > market value.
> > > > > And your taxable income is value less $150.


> > Are you saying you are now allowed to net winnings vs losses
> > and income is simply the difference?


> My recollection on gambling issues is that if your gambling
> income exceeds gambling losses, then that's exactly what you
> can do.
> But in this case the $150 isn't a loss, it's the cost of
> doing business.


This for Seth, too. He is taxed on the FMV of the house.
that's the one entry on line 21 of form 1040. Then, and only
then, if he has enough deductions to itemize them on
schedule a, can he deduct the 150$. It's not a "netable"
(?) transaction.

ChEAr$,
Harlan

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #20  
Old 09-21-2006, 01:10 AM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: raffling off a house

cpabakem01[at]yahoo.com wrote:

- quote -

> You may deduct gambling losses only if you itemize
> deductions. Claim your gambling losses as a miscellaneous
> deduction on Form 1040, Schedule A (PDF). However, the
> amount of losses you deduct may not be more than the amount
> of gambling income you have reported on your return. It is
> important to keep an accurate diary or similar record of
> your gambling winnings and losses. To deduct your losses,
> you must be able to provide receipts, tickets, statements or
> other records that show the amount of both your winnings and
> losses. Refer to Publication 529, Miscellaneous Deductions,
> for more information.


Is it ever appropriate for a professional gambler to report
on a Schedule C?

Stu

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #19  
Old 09-21-2006, 01:10 AM
Phil Marti
Guest
 
Posts: n/a
Default Re: raffling off a house

"Seth Breidbart" <sethb[at]panix.com> wrote:

- quote -

> If I play poker, do you really expect me to report every
> hand? I know how much I started with and how much I ended
> with, but the gross winnings (and losses) are much larger,
> unknown, numbers.


Yes, the Regs expect you to keep a record of the result of
every hand or every pull of a slot machine. I suspect that
any Tax Court judge who has ever played poker would accept
records and return entries based on sessions, but I don't
know if there's any case law on this or not.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #18  
Old 09-21-2006, 01:10 AM
Phil Marti
Guest
 
Posts: n/a
Default Re: raffling off a house

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

- quote -

> My recollection on gambling issues is that if your gambling
> income exceeds gambling losses, then that's exactly what you
> can do.


This is incorrect. All winnings are included on line 21.
Losses, up to the amount of winnings, are a Schedule A
deduction.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > <`< are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #17  
Old 09-21-2006, 01:10 AM
Phil Marti
Guest
 
Posts: n/a
Default Re: raffling off a house

Herb Smith" <smithff33[at]aol.com> wrote:

- quote -

> > I'm pretty sure you can offset the cost of the winning bet
> > on line 21. IIRC this is in the regs, but I'm open to
> > correction. Other bets during the year, as you note, are
> > Schedule A deductions.


> If you are suggesting that you can "net" gambling winnings
> and losses on Line 21, I believe that is incorrect. You show
> gross winnings on Line 21 and MUST be able to itemize to
> deduct losses/expenses (on Schedule A).


No, I'm suggesting, as I said the first time, that you can
net the cost of THE winning bet on line 21.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #16  
Old 09-19-2006, 08:51 AM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: raffling off a house

- quote -

> > > A private school is raffling off a house in Santa Cruz, CA.
> > > The tickets are $150.00 each.
> > > > > Once I win this house, will my basis in the house be
> > > $150.00, or will I have income of FMV-$150.00?


> > It will be FMV - $150. That's the same amount of income
> > that you'll have from your gambling winnings. You can,
> > though, deduct your gambling losses on Schedule A for the
> > same year up to the amount of your winnings without
> > affecting your basis and without regard to the 2% of AGI
> > exclusion.


> Why not FMV PLUS the cost of the ticket?


Suppose, instead of a house worth (say) $100,000, he got a
box of cash worth $100,000. I think you'd agree that his
_gain_ was $99,850.

His basis is his cost ($150) plus the taxable gain on the
transaction ($99,850).

- quote -

> After all, he's taxed on the FMV,

No, he's taxed on the gain, FMV-$150.

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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