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  #34  
Old 08-20-2007, 11:30 PM
Seth
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Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Mark Bole <makbo[at]pacbell.net> wrote:
- quote -

> Seth wrote:

> > What if I make a deal with a casino, where I hand them
> > $7,000 and the terms are: "If A and B win, I get $14,000.
> > If A wins and B loses, I get $10,000. If B wins and A
> > loses, I get $4,000. If A and B both lose, I get $0."
> > Sure, that looks like a $5,000 bet on A and a $2,000 bet on
> > B, but it's really one more complicated bet.


> The $7,000 deposit you made, and the lack of same by the
> casino, is irrelevant. You have broken out all the possible
> outcomes of two separate bets in one statement, but doing so
> does not merge them into a single bet.


What if the deal cannot be decomposed? "If they both win, I
get $10,000. If one of them wins, I get $2,000. If neither
wins, I get $0."

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. > << ------------------------------------------------------- >
  #33  
Old 08-20-2007, 11:30 PM
Dick Adams
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Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Seth wrote:

- quote -

> What if I make a deal with a casino, where I hand them
> $7,000 and the terms are: "If A and B win, I get $14,000.
> If A wins and B loses, I get $10,000. If B wins and A
> loses, I get $4,000. If A and B both lose, I get $0."
> Sure, that looks like a $5,000 bet on A and a $2,000 bet on
> B, but it's really one more complicated bet.


If casino issues you a 1009-G, the expected outcomes are:

A B 1099-G
- - ------
Y Y $ 7000
Y N 3000
N Y (3000)
N N (7000)

Talk with an accountant at a casino and find how 1099-G
amounts are determined.

<< ------------------------------------------------------- > << 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 08-19-2007, 03:28 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Seth wrote:

- quote -

> What if I make a deal with a casino, where I hand them
> $7,000 and the terms are: "If A and B win, I get $14,000.
> If A wins and B loses, I get $10,000. If B wins and A
> loses, I get $4,000. If A and B both lose, I get $0."
> Sure, that looks like a $5,000 bet on A and a $2,000 bet on
> B, but it's really one more complicated bet.


The $7,000 deposit you made, and the lack of same by the
casino, is irrelevant. You have broken out all the possible
outcomes of two separate bets in one statement, but doing so
does not merge them into a single bet.

Bets can be bundled -- you won't make any of them unless you
make all of all, or one bet is contingent on the outcome of
a prior bet -- but they are still separate bets. I argue
that every time it's your turn to put money in the poker
pot, you are making a new, separate bet with each individual
at the table. This would truly be a record-keeping
nightmare.

Now, people who actually play poker may not see it this way,
and as a practical matter, the tax people probably don't see
it this way. I assume they would be glad if anyone reported
any of their private poker winnings on any significant
scale.

[...]
- quote -

> There's also precedent that if you walk into a casino, buy
> $10,000 worth of chips, gamble for a while, and cash out
> $30,000 worth of chips and leave, you have $20,000 gross
> winnings (as the W2G form the casino gives you will assert),
> not maybe $120,000 gross winnings and $100,000 gross losses.
> So if you play poker for chips, why shouldn't the same
> apply?


If your poker buddies issued you W2-G statements, I think
the IRS would be happy with that number.

-Mark Bole

<< ------------------------------------------------------- > << 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 08-19-2007, 03:28 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Geoff wrote:
- quote -

> > Taxpayers are expected to keep track of hundreds of
> > individual business auto trips or meals, why should poker
> > hands be any different?

[...]

- quote -

> What would the harm be in taking the net of winnings minus
> losses? Taxwise it would come out the same (wouldn't it?)
> and it wouldn't encourage/force people to lie on their tax
> returns.


No, taxwise it's the difference in Adjusted Gross Income
(AGI) that is at issue.

Putting gross winnings in AGI helps set certain other limits
in many places throughout the tax return. Even with equal
net incomes, the return with the higher AGI will most likely
end up paying more tax.

-Mark Bole

<< ------------------------------------------------------- > << 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 08-17-2007, 04:07 AM
Arthur Kamlet
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Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

- quote -

> Moderator:
> Blackjack tip: It's ok to split 5's if the pit boss is
> watching you closely and you want to convince her/him
> that you are clueless.


I actually saw a woman dealt two fives.

She slid the double down money to the card, and the dealer,
instead of verifying her bet, dealt her one card, maybe a 6.

With a straight face she indicated she wanted to hit that
5-6! As if she had intended to split all along!

The pit boss let her split, -- she lost, and I left the
table.

--
ArtKamlet at a o l dot c o m Columbus OH K2PZH

<< ------------------------------------------------------- > << 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 08-14-2007, 07:57 PM
Arthur Kamlet
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

DF2 <replyvia[at]newsgroup_please.com> wrote:
- quote -

> Geoff wrote:

> > Okay, I looked it up and find you are correct.
> > But that is positively insane. I was just in Las Vegas and
> > didn't see a single person keeping the required log. Having
> > a law that no one observes just encourages contempt for all
> > laws.


> There are a lot of machine players who insert a card into
> the machine when they play. The casino stores that history.
> I suspect that info is potentially available to the player.


And you can give your casino card to the tables manager who
will record yourbetting history several times during your
table play.

While that will be usful for recording your gambling
history, it also will decide if the casino will offer to
comp you in the future.

BTW if you were at a table and pulled out a log book to
record your betting hstory, you would be, um, invited to put
it away or leave the table at once.

Blackjack tip of the day: If you find yourself at a table
where someone decides to split tens, leave immediately.

--
ArtKamlet at a o l dot c o m Columbus OH K2PZH

Moderator:
Blackjack tip: It's ok to split 5's if the pit boss is
watching you closely and you want to convince her/him
that you are clueless.

<< ------------------------------------------------------- > << 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 08-14-2007, 07:43 AM
DF2
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Geoff wrote:

- quote -

> Okay, I looked it up and find you are correct.
> But that is positively insane. I was just in Las Vegas and
> didn't see a single person keeping the required log. Having
> a law that no one observes just encourages contempt for all
> laws.


There are a lot of machine players who insert a card into
the machine when they play. The casino stores that history.
I suspect that info is potentially available to the player.

<< ------------------------------------------------------- > << 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 08-14-2007, 02:23 AM
Geoff
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Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

- quote -

> Taxpayers are expected to keep track of hundreds of
> individual business auto trips or meals, why should poker
> hands be any different?


I would be willing to bet, except for a few professional
gamblers, that nobody actually does this. If they have a
record, it is probably something they dummied up afterwards.

What would the harm be in taking the net of winnings minus
losses? Taxwise it would come out the same (wouldn't it?)
and it wouldn't encourage/force people to lie on their tax
returns.

I don't gamble, so it is a moot point for me personally; I
just think that encouraging fraud is bad practice. If they
have to lie about this, it is a small step to lying about
otherthings. A gateway lie, if you will.

<< ------------------------------------------------------- > << 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 08-14-2007, 02:23 AM
Seth
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Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Mark Bole <f9gv3c$7pf$1[at]panix3.panix.com> wrote:
- quote -

> Seth wrote:

> > Suppose, in addition, he placed a bet of $2,000 and lost.
> > Are his gross winnings $3,000 or $5,000? Suppose both bets
> > were somehow placed in one transaction?


> Gross winnings = $5,000, loss = $2,000. Each bet is a
> single, separate transaction. You either win or lose (but
> not both) each bet, regardless of whether you made an
> advance deposit.


What if I make a deal with a casino, where I hand them
$7,000 and the terms are: "If A and B win, I get $14,000.
If A wins and B loses, I get $10,000. If B wins and A
loses, I get $4,000. If A and B both lose, I get $0."
Sure, that looks like a $5,000 bet on A and a $2,000 bet on
B, but it's really one more complicated bet.

- quote -

> > At the extreme, "gross winnings" can't be calculated.
> > Consider a poker player who wins 100 hands over the course
> > of an evening. He knows how much he started with and how
> > much he ended with, but it's practically impossible to keep
> > track of winnings and losses on each hand.


> I don't see why. Although 100 hands in the course of single
> evening does not sound like a very relaxed game to me (at
> five hours, this would be one complete hand every three
> minutes without any breaks),


When I used to play, that would be slow. Most hands don't
take that long.

- quote -

> I certainly could keep next to
> me a sheet of paper with two columns: hand number, win/loss
> amount. It shouldn't take me any longer to jot these two
> numbers down than it does to take a sip of my beer.
> Taxpayers are expected to keep track of hundreds of
> individual business auto trips or meals, why should poker
> hands be any different?


Taxpayers don't take hundreds of individual business trips
one evening while they're half-drunk.

There's also precedent that if you walk into a casino, buy
$10,000 worth of chips, gamble for a while, and cash out
$30,000 worth of chips and leave, you have $20,000 gross
winnings (as the W2G form the casino gives you will assert),
not maybe $120,000 gross winnings and $100,000 gross losses.
So if you play poker for chips, why shouldn't the same
apply?

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. > << ------------------------------------------------------- >
  #25  
Old 08-14-2007, 02:23 AM
Seth
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

John H. Fisher <f95b7t$ids$1[at]panix2.panix.com> wrote:

- quote -

> I suspect the "winner" did not qualify the type of income
> when reporting it on line 21. In the case of gamblers, I
> don't know of ANY who can reasonably expect a gain from such
> employment.


I knew or know some professional bridge, backgammon, poker,
and chess players. Chess isn't usually considered gambling
(though the way some of them played . . .), the others
usually are. The people I knew tended to win fairly
consistently.

- quote -

> It MAY be possible to do it but I would expect
> a challenge in every instance. Gamblers are losers.


Some are, some aren't. If somebody wins $50,000 to $150,000
every year for five years, I'd be inclined to consider his
gambling a business.

- quote -

> I'd think of it as a hobby (reported as gambling winnings
> on Line 21) and report the expenses (up to the amount of
> the winnings) on Schedule A of the tax return.


Where do you put *expenses* on Schedule A?

- quote -

> IMVHO,
> there can be no reasonable expection of earning a profit, no
> matter how much time and effort is afforded such pursuits.


I think that someone who has consistently earned a profit
has a very reasonable expectation of continuing to do so.

- quote -

> What is a hobby? Hobbies, also called not-for-profit
> activities, are those activities that are not pursued for
> profit. What is a business? Generally, your activity is
> considered a business if it is carried on with the
> reasonable expectation of earning a profit.


So something can be both. Someone can pursue a hobby for
pleasure, and also have the reasonable expectation of
earning a profit.

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. > << ------------------------------------------------------- >
  #24  
Old 08-12-2007, 04:38 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Geoff wrote:

- quote -

> Okay, I looked it up and find you are correct.
> But that is positively insane. I was just in Las Vegas and
> didn't see a single person keeping the required log. Having
> a law that no one observes just encourages contempt for all
> laws.


"positively insane" ; tax law ; hmmmm..!

- quote -

> Doesn't actually matter to me; I don't gamble, I was there
> for a woodworking show.


What amazes me sometimes is to receive a brochure or get an
email announcement for tax courses, that education which we
have to take each year to keep our licenses you know, and
many of them are held where? Las Vegas! Even the state
association of EA's over in Mississippi hold their seminar
at known gambling dens of iniquity. dens of iniquities?

ChEAr$,
Harlan Lunsford, EA n LA

Moderator:
Casinos offer low room rates and low cost meals.

<< ------------------------------------------------------- > << 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 08-11-2007, 06:19 AM
Taxmanhog
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

- quote -

> > > Recently the IRS notified me that they changed my 2005
> > > return. They took my gambling winnings of $60,000, which I
> > > had indicated on line 21 (Other Income), and decided to call
> > > this self employment income. The result is a new tax bill
> > > of $8,000.
> > > > > IRS specifically states in their tax guide that gambling
> > > income is to be stated on line 21. Thus, how can they now
> > > justify calling this self employment income when I did
> > > exactly as they reference in their tax filing instructions?


> > Call the number on the notice. The first step is to find
> > out why they did this, and they're the only ones who can
> > tell you.


> Especially if you simply listed a dollar amount on line 21
> and nothing else. The instructions say to list the "type"
> as well as the amount, so in your case you should have
> written "Gambling winnings" on the dotted line next to the
> dollar amount on line 21. If you didn't do this, or attach
> a statement, that might be the problem right there.
> ...........
> As previously posted by the OP and others, this does not
> appear to be self-employment income by any stretch.


What TAX year are is the OP dealing in this situation?

TY2006 is not IN CYCLE for CP 2000 processing yet,
BUT special programs & EXAM might be looking at this!

TY2005 CP2000 season began this Spring/Summer.

TY2004 is winding down to a trickle with ASED approaching
4/15/2008

I would recommend contesting the proposal,
with a clear explanation of what is on line 21,
Copy of W2g would help, I hope the payer did not use a
1099-Misc, as that might have triggered a CP2000 situation

I think this might be an instance of a CODE& EDIT error,
the editor may have incorrectly placed special potential
skipped SE tax indicator on the return, possibly if the
notations on line 21 were -NOT- clear enough...
as mentioned by other responders.

<< ------------------------------------------------------- > << 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 08-11-2007, 06:19 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Seth wrote:

[...]
- quote -

> Is it the amount he won minus the total amount he bet, or
> the amount he won minus the amount he bet on the winning
> bets?


Wasn't there a long discussion of this topic in the last
year or two on this forum, covering esoteric topics like
after-tax basis in lottery tickets and such?

- quote -

> If he places a bet of $5,000 and wins, he gets $10,000 back.
> Gross winnings is $5,000 on that bet.


Yes. Placing a bet does not require any money to change
hands at all. You and I can shake hands on it if we trust
each other, or if I employ vicious henchman who will break
your kneecaps if you don't pay up.

However, often one or both bettors are required to put up a
deposit. Examples of the former include lottery, racetrack,
or casino betting, examples of the latter include poker pots
or office betting pools. This money is not a gambling loss
until such time as you actually lose the bet. If you win
the bet, the return of your deposit is neither a winning nor
a loss.

Example: I "buy" a lottery ticket for $1. If I lose, the
state keeps my $1 deposit to cover my side of the bet, and I
have a $1 gambling loss. If I win and the ticket pays $20,
the state returns my $1 deposit and I have a gross win of
$19. This is not a "net", otherwise you would have to
somehow posit that I both won $20 and lost $1 on the same
bet -- but you can't both win and lose the same bet.

- quote -

> Suppose, in addition, he placed a bet of $2,000 and lost.
> Are his gross winnings $3,000 or $5,000? Suppose both bets
> were somehow placed in one transaction?


Gross winnings = $5,000, loss = $2,000. Each bet is a
single, separate transaction. You either win or lose (but
not both) each bet, regardless of whether you made an
advance deposit.

- quote -

> At the extreme, "gross winnings" can't be calculated.
> Consider a poker player who wins 100 hands over the course
> of an evening. He knows how much he started with and how
> much he ended with, but it's practically impossible to keep
> track of winnings and losses on each hand.


I don't see why. Although 100 hands in the course of single
evening does not sound like a very relaxed game to me (at
five hours, this would be one complete hand every three
minutes without any breaks), I certainly could keep next to
me a sheet of paper with two columns: hand number, win/loss
amount. It shouldn't take me any longer to jot these two
numbers down than it does to take a sip of my beer.

Taxpayers are expected to keep track of hundreds of
individual business auto trips or meals, why should poker
hands be any different?

-Mark Bole

<< ------------------------------------------------------- > << 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 08-11-2007, 06:19 AM
Geoff
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

"Harlan Lunsford" <hnslunsford[at]bellsouth.net> wrote:
- quote -

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


> > > > I appreciate all the responses.
> > > > > > > I was notified by a letter in which I was given 30 days to
> > > > respond. The winnings came from sports betting, mostly
> > > > football. My income apart from the sportsbetting was only
> > > > around $12,000.
> > > > > > > When I state $60,000 in winnings that is
> > > > after subtracting all my losses.


> > > Aha, that may be part of your problem. Gambling winnings
> > > reported on Line 21 are supposed to be the GROSS WINNINGS,
> > > not netted with expenses. Expenses are an itemized deduction
> > > (NOT subject to the 2% of AGI limitation) on Schedule A. If
> > > you don't have enough deductions to itemize (i.e. must use
> > > Standard Deduction), then too bad. You get to claim the
> > > income, but not subtract the expenses (if any).


> > "Gross Winnings" are the amount he won less the amount he
> > bet; which is what he did. He didn't subtract any expenses;
> > losing bets are not expenses, they are losses.


> Ah, but gross winnings are entirely reportable and losings
> only deductible on schedule a, assuming he's not in the
> trade or business and thus net would be reported on the
> schedule c.
> When a gambling entry is made on line 21, it is ALWAYS
> gross!


Okay, I looked it up and find you are correct.
But that is positively insane. I was just in Las Vegas and
didn't see a single person keeping the required log. Having
a law that no one observes just encourages contempt for all
laws.

Doesn't actually matter to me; I don't gamble, I was there
for a woodworking show.

<< ------------------------------------------------------- > << 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 08-10-2007, 06:03 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

Geoff wrote:
- quote -

> "Herb Smith" <smithff33[at]aol.com> wrote:
> > webmas...[at]onfirebikinis.com wrote:
> > > Dick Adams <rdad...[at]panix.com> wrote:
> > > > webmas...[at]onfirebikinis.com wrote:


> > > > > Recently the IRS notified me that they changed my 2005
> > > > > return. They took my gambling winnings of $60,000, which I
> > > > > had indicated on line 21 (Other Income), and decided to call
> > > > > this self employment income. The result is a new tax bill
> > > > > of $8,000.
> > > > > IRS specifically states in their tax guide that gambling
> > > > > income is to be stated on line 21. Thus, how can they now
> > > > > justify calling this self employment income when I did
> > > > > exactly as they reference in their tax filing instructions?


> > > > After thinking about this some more, the questions are how
> > > > did you win $ 60,000 and how much earned income did you have
> > > > from your stated oddupation?
> > > > > > > The IRS has a fairly sucessful history of fighting claims
> > > > of "Professional Gambler" as an occupation. There are no
> > > > professional Lottery, Keno, Slots, or Craps players. But
> > > > there are professional Blackjack and Poker players. In the
> > > > latter two, you would have expenses to get to and stay at
> > > > casinos - unless you were playing at home on the Internet
> > > > or even worse running the game at your home.
> > > > > > > Without a full understanding of the facts, I suspect you're
> > > > going to need a tax professional with audit experience!
> > > > Adams' Rule #1: NEVER represent yourself before the IRS.


> > > I appreciate all the responses.
> > > > > I was notified by a letter in which I was given 30 days to
> > > respond. The winnings came from sports betting, mostly
> > > football. My income apart from the sportsbetting was only
> > > around $12,000.
> > > > > When I state $60,000 in winnings that is
> > > after subtracting all my losses.


> > Aha, that may be part of your problem. Gambling winnings
> > reported on Line 21 are supposed to be the GROSS WINNINGS,
> > not netted with expenses. Expenses are an itemized deduction
> > (NOT subject to the 2% of AGI limitation) on Schedule A. If
> > you don't have enough deductions to itemize (i.e. must use
> > Standard Deduction), then too bad. You get to claim the
> > income, but not subtract the expenses (if any).


> "Gross Winnings" are the amount he won less the amount he
> bet; which is what he did. He didn't subtract any expenses;
> losing bets are not expenses, they are losses.


Ah, but gross winnings are entirely reportable and losings
only deductible on schedule a, assuming he's not in the
trade or business and thus net would be reported on the
schedule c.

When a gambling entry is made on line 21, it is ALWAYS
gross!

And if you don't believe it, I can tell you about some new
clients whose VITA preparers did just what you are
suggesting, i.e. line 21.

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. > << ------------------------------------------------------- >
  #19  
Old 08-10-2007, 06:03 AM
None
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

webmas...[at]onfirebikinis.com wrote:

- quote -

> Recently the IRS notified me that they changed my 2005
> return. They took mygamblingwinnings of $60,000, which I
> had indicated on line 21 (Other Income), and decided to call
> this self employment income. The result is a new tax bill
> of $8,000.
> IRS specifically states in their tax guide thatgambling
> income is to be stated on line 21. Thus, how can they now
> justify calling this self employment income when I did
> exactly as they reference in their tax filing instructions?
> Moderator:
> File an amended return with the 60K on Schedule C and
> deduct your expenses related to earning this income. The
> IRS may reclassify this back to line 21.


I live in England, Great Britain and I am a professional
gambler I usually make a profit every year of between in US$
70,000 to $100,000 a year, over here winnings from gambling
are not classed as earned income and are therefore exempt
from Income Tax, also as I have several health problems I
collect disability income of around $12,000 a year. When I
first started my professional gambling career my social
security benefits were a lot more and in fact legally
speaking as my rent, property tax, Disability and additional
income related benefits amounted to around $24,000 a year I
could legally have still been entitled to this providing my
savings were less than about $24,000 and for a while I did
claim and collect this until I started to invest in
Apartments and Houses which bought my assets to over the
$24,000 limit for income realted benefits.

I dont have any moral problem with claiming social
security/welfare benefits as I still pay high tax on the
alcohol and tobacco I purchase along with sales tax on other
goods I purchase.

It looks like you have a raw deal in the USA compared with
some other countries.

John Wilson

<< ------------------------------------------------------- > << 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 08-10-2007, 06:03 AM
Geoff
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

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

> webmas...[at]onfirebikinis.com wrote:
> > Mike Wellman <irsfi...[at]aol.com> wrote:
> > > webmas...[at]onfirebikinis.com wrote:


> > > > Recently the IRS notified me that they changed my 2005
> > > > return. They took my gambling winnings of $60,000, which I
> > > > had indicated on line 21 (Other Income), and decided to call
> > > > this self employment income. The result is a new tax bill
> > > > of $8,000.
> > > > > > > IRS specifically states in their tax guide that gambling
> > > > income is to be stated on line 21. Thus, how can they now
> > > > justify calling this self employment income when I did
> > > > exactly as they reference in their tax filing instructions?
> > > > Moderator:
> > > > File an amended return with the 60K on Schedule C and
> > > > deduct your expenses related to earning this income. The
> > > > IRS may reclassify this back to line 21.


> > > Go a step further, if it is to your benefit, amend the last
> > > two returns taking gambling losses on a Schedule C. That may
> > > help put it in perspective for them.


> > Thanks again for the responses. On line 21 I did indicate
> > that it was "gambling winnings". The 60,000 total is what I
> > won from sports betting, mostly football, after subtracting
> > wins and losses.


> I think you are still missing the point. What is supposed to
> be entered on Line 21 is the gross amount of WINNINGS, not
> the net of your wins and losses. Losses can only be claimed
> as an itemized deduction on Schedule A (if used).


So every bet you win is profit on line 21. Every bet you
lose is an itemized deduction?

You have to be mistaken; the paperwork would be literally
impossible.

Moderator:
Isn't "paperwork overload" part of the tax system? <g
<< ------------------------------------------------------- > << 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 08-10-2007, 06:03 AM
Seth
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

<f9dicm$qin$1[at]panix3.panix.com> , Geoff <Geoff[at]yahoo.com> wrote:

- quote -

> "Gross Winnings" are the amount he won less the amount he
> bet; which is what he did. He didn't subtract any expenses;
> losing bets are not expenses, they are losses.


Is it the amount he won minus the total amount he bet, or
the amount he won minus the amount he bet on the winning
bets?

If he places a bet of $5,000 and wins, he gets $10,000 back.
Gross winnings is $5,000 on that bet.

Suppose, in addition, he placed a bet of $2,000 and lost.
Are his gross winnings $3,000 or $5,000? Suppose both bets
were somehow placed in one transaction?

At the extreme, "gross winnings" can't be calculated.
Consider a poker player who wins 100 hands over the course
of an evening. He knows how much he started with and how
much he ended with, but it's practically impossible to keep
track of winnings and losses on each hand.

If he's allowed to count cash out - cash in as winnings, why
can't someone who opens an account at a sports book do the
same?

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. > << ------------------------------------------------------- >
  #16  
Old 08-08-2007, 11:08 PM
Herb Smith
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

webmas...[at]onfirebikinis.com wrote:
- quote -

> Mike Wellman <irsfi...[at]aol.com> wrote:
> > webmas...[at]onfirebikinis.com wrote:


> > > Recently the IRS notified me that they changed my 2005
> > > return. They took my gambling winnings of $60,000, which I
> > > had indicated on line 21 (Other Income), and decided to call
> > > this self employment income. The result is a new tax bill
> > > of $8,000.
> > > > > IRS specifically states in their tax guide that gambling
> > > income is to be stated on line 21. Thus, how can they now
> > > justify calling this self employment income when I did
> > > exactly as they reference in their tax filing instructions?
> > > Moderator:
> > > File an amended return with the 60K on Schedule C and
> > > deduct your expenses related to earning this income. The
> > > IRS may reclassify this back to line 21.


> > Go a step further, if it is to your benefit, amend the last
> > two returns taking gambling losses on a Schedule C. That may
> > help put it in perspective for them.


> Thanks again for the responses. On line 21 I did indicate
> that it was "gambling winnings". The 60,000 total is what I
> won from sports betting, mostly football, after subtracting
> wins and losses.


I think you are still missing the point. What is supposed to
be entered on Line 21 is the gross amount of WINNINGS, not
the net of your wins and losses. Losses can only be claimed
as an itemized deduction on Schedule A (if used).

<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #15  
Old 08-08-2007, 11:08 PM
Geoff
Guest
 
Posts: n/a
Default Re: Self Employment Income of Gambling Winnings

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

> webmas...[at]onfirebikinis.com wrote:
> > Dick Adams <rdad...[at]panix.com> wrote:
> > > webmas...[at]onfirebikinis.com wrote:


> > > > Recently the IRS notified me that they changed my 2005
> > > > return. They took my gambling winnings of $60,000, which I
> > > > had indicated on line 21 (Other Income), and decided to call
> > > > this self employment income. The result is a new tax bill
> > > > of $8,000.
> > > > IRS specifically states in their tax guide that gambling
> > > > income is to be stated on line 21. Thus, how can they now
> > > > justify calling this self employment income when I did
> > > > exactly as they reference in their tax filing instructions?


> > > After thinking about this some more, the questions are how
> > > did you win $ 60,000 and how much earned income did you have
> > > from your stated oddupation?
> > > > > The IRS has a fairly sucessful history of fighting claims
> > > of "Professional Gambler" as an occupation. There are no
> > > professional Lottery, Keno, Slots, or Craps players. But
> > > there are professional Blackjack and Poker players. In the
> > > latter two, you would have expenses to get to and stay at
> > > casinos - unless you were playing at home on the Internet
> > > or even worse running the game at your home.
> > > > > Without a full understanding of the facts, I suspect you're
> > > going to need a tax professional with audit experience!
> > > > Adams' Rule #1: NEVER represent yourself before the IRS.


> > I appreciate all the responses.
> > > I was notified by a letter in which I was given 30 days to

> > respond. The winnings came from sports betting, mostly
> > football. My income apart from the sportsbetting was only
> > around $12,000.
> > > When I state $60,000 in winnings that is

> > after subtracting all my losses.


> Aha, that may be part of your problem. Gambling winnings
> reported on Line 21 are supposed to be the GROSS WINNINGS,
> not netted with expenses. Expenses are an itemized deduction
> (NOT subject to the 2% of AGI limitation) on Schedule A. If
> you don't have enough deductions to itemize (i.e. must use
> Standard Deduction), then too bad. You get to claim the
> income, but not subtract the expenses (if any).


"Gross Winnings" are the amount he won less the amount he
bet; which is what he did. He didn't subtract any expenses;
losing bets are not expenses, they are losses.

<< ------------------------------------------------------- > << 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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