The Real Winner of the 2012 World Series of Poker

Nine individuals came to Las Vegas early this week to compete for the championship at the World Series of Poker (WSOP). Who would be the lucky winner? And who really got to keep the money?

This year’s World Series of Poker concluded earlier this morning at the Rio Hotel and Casino in Las Vegas. The winner of the main event won $8,531,853…but that was before taxes.

Congratulations to Gregory Merson of Laurel, Maryland. He beat Jesse Sylvia in the longest final table in WSOP main event history. The three-handed play lasted 11 hours. In the end, Mr. Merson’s king-five beat Mr. Sylvia’s queen-jack for the title.

Mr. Merson had tremendous success at the WSOP this summer. He also won the $10,000 buy-in six-max no-limit hold’em event (there are a maximum of six players at each table throughout the event). Most poker professionals consider that event to be one of the toughest (if not the toughest event) of the WSOP. He earned $1,136,197 for his earlier victory. Mr. Merson won “Player of the Year” honors at the WSOP.

For his win in the main event, Mr. Merson earned $8,531,853. He’ll owe self-employment tax ($247,424), state income tax to Maryland ($469,252), and federal income tax ($2,976,850), for a total tax bite of $3,693,526. He’ll actually get to keep $4,838,327 (he’ll lose an estimated 43% of his winnings to taxes).

Finishing second was Jesse Sylvia, a professional poker player from Las Vegas. Mr. Sylvia earned $5,295,149 for his second place finish. Mr. Sylvia doesn’t have to worry about state income taxes (Nevada does not have a state income tax). He will owe an estimated $1,967,176 to the IRS (a 37% tax rate).

Jake Balsiger, a student at Arizona State University in Tempe, finished third. Mr. Balsiger was hoping just to place “in the money” in the event. He did far more than that. He entered the final table in eighth place and played quite well to finish in third. I imagine the $2,379,932 he won will make him quite popular at ASU. As an amateur gambler, he won’t owe self-employment tax; however, he will have to pay Arizona state income tax. Overall, he’ll lose an estimated $1,419,141 to taxes (37%).

Finishing fourth was Russell Thomas of Hartford, Connecticut. Mr. Thomas, an actuary, earned $2,851,537 before taxes. Between federal and Connecticut income taxes he’ll lose and estimated $1,093,363 (38%) of his winnings.

Jeremy Ausmus, a professional poker player from Las Vegas, finished fifth. Mr. Ausmus started the final table with the fewest chips but was able to move up four spots, earning $2,155,313. Mr. Ausmus was the only married participant at the final table; in fact, his wife had just given birth a month ago to their second child. As a professional poker player, he does owe self-employment tax on his winnings; he’ll also owe federal income tax. He’ll lose an estimated $785,552 (36%) to taxes.

Finishing sixth was Andras Koroknai of Debrecen, Hungary. Mr. Koroknai was the only non-American at this year’s final table. Mr. Koroknai likely gave thanks to the diplomats and politicians of Hungary. The US-Hungary Tax Treaty exempts gambling winnings from withholding. Additionally, Hungary currently doesn’t tax gambling winnings. Thus, Mr. Koroknai will keep all of his $1,640,902 of winnings.

Michael Esposito, a commodities broker from Seaford, New York finished in seventh place. He only plays poker “a couple of times a year.” His winnings of $1,258,040 should allow him to play more often if he wants to. He will have to pay federal and state income tax; I estimate he’ll owe $418,179 in taxes (33%).

Robert Salaburu of San Antonio, Texas was the eighth place finisher. Mr. Salaburu is a professional poker player and earned $971,360 before taxes. Texas, like Nevada, doesn’t have a state income tax; thus, Mr. Salaburu will only owe federal income tax and self-employment tax. I estimate he’ll lose $349,204 to taxes (36%).

Steve Gee of Sacramento, California finished in ninth place. Mr. Gee is also a professional poker player. As a Californian, he will owe state income tax along with self-employment tax and federal income tax. Because of California’s high tax structure, he has the second-highest burden in tax (by percentage) of the final table participants. I estimated he’ll lose $302,255 in taxes (40%).

Here’s a table summarizing the tax bite:

Amount won at Final Table $27,258,025
Tax to IRS $9,061,296
Tax to Comptroller of Maryland $469,252
Tax to Connecticut Dept. of Revenue Services $178,375
Tax to Arizona Dept. of Revenue $171,383
Tax to New York Dept. of Taxation & Finance $97,169
Tax to California Franchise Tax Board $50,521
Total Taxes $10,028,396

That’s a total tax bite of 36.79%.

Here’s a second table with the winners sorted by their estimated take-home winnings:

Winner Before-Tax Prize After-Tax Prize
1. Gregory Merson $8,531,853 $4,838,327
2. Jesse Sylvia $5,295,149 $3,327,973
3. Jake Balsiger $3,799,073 $2,379,932
4. Russell Thomas $2,851,537 $1,758,174
6. Andras Koroknai $1,640,902 $1,640,902
5. Jeremy Ausmus $2,155,313 $1,369,761
7. Michael Esposito $1,258,040 $839,861
8. Robert Salaburu $971,360 $622,156
9. Steve Gee $754,798 $452,543
Totals $27,258,025 $17,229,629

While Andras Koroknai finished in sixth place, thanks to not owing taxes on his winnings he effectively finished in fifth place. It’s always nice when your after-tax income equals your before-tax income.

Yet there really was a different winner this year: the Internal Revenue Service. The IRS will get an estimated $9,061,296 in tax from the final table. That’s more than the first place money of $8,531,853. It’s nearly double the after-tax winnings of the first place finisher! While I can’t envision the crowd at the Penn & Teller Theater at the Rio Hotel cheering for the IRS, it was the IRS that was the big winner this morning. That’s because the house always wins.

Posted in Gambling | 4 Comments

New York Extends Tax Deadlines Because of Sandy; Expect the IRS, New Jersey, Pennsylvania and Others to Follow

The New York State Department of Taxation and Finance announced that they have extended all tax deadlines falling from October 26 to November 14 to November 14th because of Hurricane Sandy. I expect similar actions to be taken by the IRS, New Jersey, Pennsylvania and other impacted areas.

The New York extension directly effects MCTMT tax returns on extension that would be due on October 31st; those are now due on November 14th. Also, third quarter MCTMT estimated payments for 2012 are now due on November 14th. This will likely also impact payroll tax filings.

Posted in IRS, New Jersey, New York, Pennsylvania | Tagged | 1 Comment

Bennett Gets 15 Months

Michael Bennett, a former NFL player with the Minnesota Vikings and Oakland Raiders, received 15 months at ClubFed last week. Mr. Bennett got involved with a fraud scheme that was tangential to an identity theft/tax refund scheme.

Mr. Bennett went to a check cashing store–a sting operation set up by the FBI–and asked for a loan showing $9 million of collateral in a bank account with UBS. The account was actually empty, and that’s fraud. Mr. Bennett pleaded guilty to that; as his attorney correctly told the Associated Press, Mr. Bennett, “had nothing to do with cashing fraudulent tax checks, nor was he charged with such.” The other defendants in the case (as noted when I first wrote about this story) are charged with those offenses.

Unfortunately for Mr. Bennett, he’ll still get to enjoy ClubFed for fifteen months.

Posted in Tax Fraud | Tagged | 1 Comment

Woman Paid for Stealing Identities

Angeline Austin of Troy, Alabama worked for Southern Records Management. She was assigned by her employer to Troy Hospital. Ms. Austin felt the need for additional income. Unlike most of us who would actually obtain a second job, Ms. Austin made money the new-fashioned way: She committed a crime.

Ms. Austin’s work at Troy Hospital gave her access to patient records, including names, addresses, and social security numbers. She sold over 800 of those identities; they were subsequently used on tax returns claiming refunds, with the proceeds making their way to a co-conspirator. As the news story notes, “Austin pleaded guilty to one count of conspiring to defraud the government regarding claims, one count of fraud in connection with identification documents, one count of fraud with computers and one count of aggravated identity theft.”

Unfortunately, identity theft leads to easy money for criminals. The IRS and other government agencies are being purely reactive at this point. Hopefully the IRS will consider some logical methods that would put a crimp in this growing crime.

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California Dreamin’

Democratic Governor Jerry Brown of California is dreaming of a tax increase. Voters in California apparently aren’t sharing the same dreams; perhaps they see the current economic climate and wonder, ‘If we have to make do with our current earnings, why shouldn’t you [the government]?’

A new poll shows Proposition 30, Governor Brown’s tax increase measure, ahead 48% to 44%. As this San Jose Mercury-News article points out, tax measures usually need more than 50% support to pass as voters are skeptical regarding taxes.

Meanwhile, the Los Angeles Times runs an article noting, “Taxes won’t make the rich leave California,” citing a liberal think-tank study. To the Times’ credit, they do note that another study came to the opposite conclusion. I’ll add that tax data supports the conclusion that people are leaving California. And it’s certain the reason they’re leaving has nothing to do with the beautiful climate (weather), so perhaps the high taxes and regulations do have an impact.

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Nevada Business Tax Initiative Ruled Invalid

Judge James Wilson in Carson City ruled that a proposed tax increase initiative authored by Nevada teachers is invalid. Judge Wilson ruled that the description of the initiative was deceptive and misleading.

Nevada tax ballot measures work differently than in most other states. If enough signatures are gathered on the initiative, then the measure is submitted to the next session of the state legislature. Nevada’s legislature meets every-other-year (in odd-numbered years), so a petition that gets submitted in 2013 won’t actually get in front of the legislature until 2015.

The legislature then must consider the measure. If the legislature agrees to it, then it becomes law. If not, it then is submitted to a vote of the people in the next regular election (held on even-numbered years). So a petition that is submitted in 2013 won’t get voted on until 2016. But I digress….

The ballot measure would have imposed a margin tax on businesses in the Silver State. Needless to say, large businesses weren’t happy with the idea and opposed the measure. A legal effort was mounted charging that the description of the initiative was misleading so it can’t be submitted to the legislature. This is the second time the initiative’s language was ruled to be misleading.

While the ruling can be appealed, this effectively means that the earliest the legislature would consider such a tax is 2016.

Posted in Nevada | 1 Comment

Tax Foundation Releases State & Local Tax Burdens

The Tax Foundation released its annual State-Local Tax Burden Ranking. In what won’t be shocking to most readers, New York came in first…and that’s not a good thing. Here are the ten worst states:

1. New York 12.8%
2. New Jersey 12.4%
3. Connecticut 12.3%
4. California 11.2%
5. Wisconsin 11.1%
6. Rhode Island 10.9%
7. Minnesota 10.8%
8. Massachusetts 10.4%
9. Maine 10.3%
10. Pennsylvania 10.2%

The ten best states (those with the lowest tax burdens):

41. South Carolina 8.4%
42. Nevada 8.2%
43. Alabama 8.2%
44. New Hampshire 8.1%
45. Texas 7.9%
46. Wyoming 7.8%
47. Louisiana 7.8%
48. Tennessee 7.7%
49. South Dakota 7.6%
50. Alaska 7.0%

One observation that the Tax Foundation made is that most states have similar burdens. Note that the burden being measured is on taxes residents pay and not taxes on tourists (such as hotel excise taxes). Numerous states fall between 8.7% and 9.7%.

One interesting observation I have is that almost all of the low-tax states are “Red” states (they tend to vote Republican) while almost all of the high-tax states are “Blue” states (they tend to vote Democratic). I suspect that this is not a coincidence.

Posted in New York | Tagged | 1 Comment

Bad States for Gamblers

It’s been a while since I’ve listed out the bad states for gamblers. Here’s an updated list. Make sure you read the notes because while all of these states have tax systems that are problematic for gamblers, some impact amateurs while others impact professionals. Note that I do not cover the laws that impact gambling here (such as Washington State’s law that makes online gambling a Class C felony).

Connecticut [1]
Hawaii [2]
Illinois [1]
Indiana [1]
Massachusetts [1]
Michigan [1]
Minnesota [3]
Mississippi [4]
New York [5]
Ohio [6]
Washington [7]
West Virginia [1]
Wisconsin [1]

NOTES:

1. CT, IL, IN, MA, MI, WV, and WI do not allow gambling losses as an itemized deduction. These states’ income taxes are written so that taxpayers pay based (generally) on their federal Adjusted Gross Income (AGI). AGI includes gambling winnings but does not include gambling losses. Thus, a taxpayer who has (say) $100,000 of gambling winnings and $100,000 of gambling losses will owe state income tax on the phantom gambling winnings. (Michigan does exempt the first $300 of gambling winnings from state income tax.)

2. Hawaii has an excise tax (the General Excise and Use Tax) that’s thought of as a sales tax. It is, but it is also a tax on various professions. A professional gambler is subject to this 4% tax (an amateur gambler is not).

3. Minnesota’s state Alternative Minimum Tax (AMT) negatively impacts amateur gamblers. Because of the design of the Minnesota AMT, amateur gamblers with significant losses effectively cannot deduct those losses.

4. Mississippi only allows Mississippi gambling losses as an itemized deduction.

5. New York has a limitation on itemized deductions. If your AGI is over $500,000, you lose 50% of your itemized deductions (including gambling losses). You begin to lose itemized deductions at an AGI of $100,000.

6. Ohio currently does not allow gambling losses as an itemized deduction. However, effective January 1, 2013, gambling losses will be allowed as a deduction on state income tax returns. Unfortunately, those gambling losses will not be deductible on city or school district income tax returns, so Ohio will remain a bad state for amateur gamblers.

7. Washington state has no state income tax. However, the state does have a Business & Occupations Tax (B&O Tax). The B&O Tax has not been applied toward professional gamblers, but my reading of the law says that it could be at any time.

Posted in Connecticut, Gambling, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Minnesota, Mississippi, New York, Ohio, Washington State, West Virginia, Wisconsin | 1 Comment

Thoughts on the Reid/Kyl Online Poker Bill

On Friday, copies of the purported Internet Gambling Prohibition, Poker Consumer Protections, and Strengthening UIGEA Act of 2012 appeared. The draft of the legislation is just that: a draft. The actual legislation that might pass Congress in the lame duck session could be wildly different. In any case, I’ve read through the legislation and have some thoughts on it (on the tax, poker, and public policy aspects of the measure). Because some of you are not interested in this legislation, I’ve put the analysis in the cut below.

Posted in Gambling | Tagged , , , | 2 Comments

L.A. County Assessor Arrested in Corruption Probe

John Noguez, Los Angeles County Assessor, Ramin Salari, a property tax consultant, and Mark McNeil, an aide to Mr. Noguez, were all arrested on charges of conspiracy and misappropriation of public funds. The allegation is that Mr. Salari paid (bribed) Mr. Noguez to reduce assessments on properties owned by his clients. Mr. McNeil is the chief appraiser in the office according to this AP story.

The Los Angeles Times reports that,

The scandal came to light earlier this year when prosecutors acknowledged that they were looking into complaints from assessor’s office employees who said they were under pressure to lower property taxes for clients of prominent Noguez contributors, including Salari.

This isn’t the first inkling of trouble in the assessor’s office. Back in May, Scott Schenter, a former appraiser, was arrested and charged with more than 60 felonies. Mr. Schenter alleges that Mr. Noguez asked him to assist contributors to his campaign (including Mr. Salari).

Needless to say, it’s a mess. All four of the accused individuals are looking at lengthy terms in state prison if found guilty of the charges.

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