The Other Winners at the World Series of Poker, Part 2

There’s another part to the story of this year’s World Series of Poker main event winner: backing. And it has one tax agency smiling even more, while another will miss out on 50% of an unexpected bounty.

This year’s main event winner, Joseph Cada, was backed when he entered the main event of the World Series of Poker according to this news story in the Detroit News.

Backing is fairly common in large buy-in poker tournaments. Playing poker professionally, especially tournaments, involves a lot of what poker players call variance. No matter how good a player you are, sometimes luck is not with you. Your aces may lose to kings, as will happen about one in seven times. Most poker players do not have enough money in their bankrolls to handle the variance, so they seek investors who have large bankrolls to help finance their entries. In return, the investors demand a percentage of the player’s winnings.

Mr. Cada was backed by a pair of investors from New York, Eric Haber and Cliff Josephy. The pair will receive 50% of the winnings of Mr. Cada. That’s good news for the New York Department of Taxation and Finance which will receive an extra windfall of $383,335. It’s bad news for the Michigan Department of Treasury which loses $185,898.

Here are the adjusted numbers for the various tax agencies:

Amount won at Final Table $27,220,989
Tax to IRS $8,150,527
Tax to French Tax Agency $1,391,868
Tax to NY Dept of Taxation $743,492
Tax to MD Comptroller $319,637
Tax to MI Dept of Treasury $185,898
Total Taxes $10,791,421

That’s a total tax bite of 39.64%.

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

Winner Before-Tax Prize After-Tax Prize
2. Darvin Moon $5,182,198 $3,067,595
1. Joseph Cada $4,273,521 $2,500,660
1A. Mr. Cada’s Backers $4,273,521 $2,292,210
3. Antoine Saout $3,479,670 $2,087,802
4. Eric Buchman $2,502,890 $1,332,123
5. Jeff Shulman $1,953,452 $1,281,757
9. James Akenhead $1,263,602 $1,263,602
7. Phil Ivey $1,404,014 $879,018
6. Steven Begleiter $1,587,160 $878,921
8. Kevin Schaffel $1,300,231 $845,150
Totals $27,220,259 $16,428,838

The New York Department of Taxation and Finance should send a thank you card to Mr. Cada. After all, he could have chosen backers from a state like Nevada (which has no income tax). Instead, because of Mr. Cada’s good fortune and his choice of backers, New York ends up with an extra $383,335. I’m sure the politicians will spend that money in two seconds or so….

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The Other Winners at the World Series of Poker

Nine individuals came to Las Vegas this past weekend to compete for the championship of the World Series of Poker. Who would be the lucky winner? And who really got to keep the money?

This year’s World Series of Poker concluded early this morning at the Rio Hotel and Casino in Las Vegas. The winner of the main event won $8,547,042 but would he actually end up with all that money?

A Michigander, Joseph Cada of Shelby Township, is this year’s champion. Mr. Cada is the youngest main event champion ever. Congratulations to him on his victory and his $8,547,042.

Let’s see how much of the prize Mr. Cada will actually keep. Mr. Cada is a professional gambler so he’ll have to pay self-employment tax. Michigan has a flat income tax of 4.3%. Michigan also has a business tax. However, given that Mr. Cada earned this income outside of Michigan it is unlikely that he will owe the Michigan business tax on this income. The business tax has both gross receipts (0.8%) and net income (4.95%) components, along with a surcharge of 21.99% of the business tax. This would effectively increase his Michigan tax rate from 4.3% to 11.31%. Again, I do not believe Mr. Cada will owe that tax and I am not including it in my estimate. Overall, I estimate Mr. Cada will owe $371,796 to the Michigan Department of Treasury. He’ll also owe about $3,184,940 to the IRS. His actual take-home winnings are $4,990,806—almost 42% of his winnings went to taxes.

Darvin Moon from Oakland, Maryland finished in second place. Amazingly enough, this was Mr. Moon’s first poker tournament. When he traveled to Las Vegas in July to participate in the first stage of the World Series it was the first time he had ever flown on a jet plane. Mr. Moon is part owner of a logging company and is an amateur gambler and won $5,182,190. I estimate that he will owe $1,794,966 to the IRS and $319,637 to the Maryland Comptroller of the Treasury. That’s an overall tax bite of just under 41%.

Antoine Saout of Saint Martin des Champs, France, finished in third place. The United States and France have a tax treaty; under this treaty the IRS will not get any of Mr. Saout’s winnings. France does tax gambling income and does tax the worldwide income of its citizens. The French income tax, like that in the United States, has progressive rates; Mr. Saout will owe 40% of his income in taxes. That works out to $1,391,868 of his $3,479,670 prize.

Eric Buchman of Hewlett, New York finished fourth. Mr. Buchman is a professional poker player, so he must pay self-employment tax as well as income tax. Of the $2,502,890 he won he’ll likely have to pay $949,618 to the IRS and $221,149 to the New York Department of Taxation and Finance. It’s likely I’m underestimating his New York Tax; because his income is over $500,000 Mr. Buchman will lose half of his itemized deductions. Mr. Buchman will lose at least 46.78% of his winnings to taxes. Mr. Buchman is the winner who will lose the most (by percentage) to tax.

Jeff Shulman, the publisher of CardPlayer Magazine, finished fifth for $1,953,452. Mr. Shulman is a resident of Las Vegas so he won’t owe any state income tax. He also is an amateur gambler, so he won’t owe self-employment tax. I estimate he’ll owe $671,695 to the IRS.

Sixth place went to another New Yorker, Steven Begleiter of Chappaqua. Mr. Begleiter, who use to work for Bear Stearns, won $1,587,160 for his efforts. Mr. Beglieter is an amateur, so he won’t have to pay self-employment tax. Still, he’ll likely owe $569,231 to the IRS and $139,008 to New York. That’s a 44.62% tax rate. The New York Department of Taxation and Finance is especially pleased with the performance of New Yorkers in the WSOP this year.

Finishing in seventh place was perhaps the most well known of the November Nine, Phil Ivey of Las Vegas. Mr. Ivey is a professional gambler, and is widely considered the best player in the world. However, even the best player doesn’t win every tournament he enters and Mr. Ivey must make do with $1,404,014 for finishing seventh. Of this prize money I estimate he’ll have to fork over $524,996 to the IRS.

The eighth place finisher was Kevin Schaffel of Coral Springs, Florida. Mr. Schaffel is a retired business owner. As a Floridian, he doesn’t have to deal with state income tax. He’s an amateur gambler, so he also doesn’t have to worry about self-employment tax. I estimate that the IRS will grab 35% of his $1,300,231 prize, or $455,081.

James Akenhead of London, England finished in ninth place. Under the U.S.-U.K. Tax Treaty, Mr. Akenhead won’t owe a penny to the IRS. Currently, the United Kingdom considers poker a game of chance; there is no tax on games of chance in the U.K. So Mr. Akenhead’s take-home winnings will be equivalent to his prize money: $1,263,602. Interestingly, if you look at net income after tax, Mr. Akenhead effectively finished in sixth place despite actually finishing ninth.

Here’s a table summarizing the tax bite:

Amount won at Final Table $27,220,989
Tax to IRS $8,150,527
Tax to French Tax Agency $1,391,868
Tax to MI Dept of Treasury $371,796
Tax to NY Dept of Taxation $360,157
Tax to MD Comptroller $319,637
Total Taxes $10,593,985

That’s a total tax bite of 38.92%.

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

Winner Before-Tax Prize After-Tax Prize
1. Joseph Cada $8,547,042 $4,990,306
2. Darvin Moon $5,182,198 $3,067,595
3. Antoine Saout $3,479,670 $2,087,802
4. Eric Buchman $2,502,890 $1,332,123
5. Jeff Shulman $1,953,452 $1,281,757
9. James Akenhead $1,263,602 $1,263,602
7. Phil Ivey $1,404,014 $879,018
6. Steven Begleiter $1,587,160 $878,921
8. Kevin Schaffel $1,300,231 $845,150
Totals $27,220,259 $16,626,274

As you can see, taxes make a big difference in the true amount of winnings. The real winner at the World Series of Poker was the Internal Revenue Service with Mr. Cada finishing over $3,160,000 behind.

So congratulations to the winners. Just remember that a winner—perhaps the biggest winner of all—is the taxman. As we all know the house always wins.

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Homebuyer’s Credit Extended; NOL Loss Changes

The Senate passed an extension of the Homebuyer’s credit unanimously, and the House passed it nearly unanimously. So the credit (up to $8,000) has been extended on home purchases until April 30, 2010.

There are some changes in the legislation. The allowable AGI for the full credit has been increased from $75,000 to $125,000 (single; the new limit for Married Filing Jointly is $225,000); the credit fully phases out at an AGI of $145,000 (single) or $245,000 (married). A few of my clients have inquired about this credit, and I based my answers on the old AGI numbers. When I return to Irvine next week I’ll send you revised information.

There was also a change to Net Operating Losses in this legislation. For 2008 and 2009 NOLs, you can carryback the losses for five years rather than the normal two years.

So how does Congress pass this bill–a bill that costs $1 Billion a month–and say that it’s revenue neutral? Joe Kristan noted that Congress used its normal accounting techniques. Those techniques would get you and I a fraud conviction but Congress writes the laws. But I digress….

What it means in English is that calendar-year corporations with $1 billion or more of assets have to overpay third quarter 2014 estimated taxes by 33.25%. They will recover it with a lower fourth quarter payment in December 2014, but that’s after the current five-year Senate budget window ends, so as far as Congressional accounting is concerned, it never happens.

I hope no one wonders why Congress gets such low approval ratings….

Other coverage:
Tax Lawyer’s Blog
Stacie More’s Tax Tips
Roth Tax Updates
Tax Girl

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Traveling Again

I’ll be traveling over the next several days. Posting will be light until late next week.

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Why Gamblers Should Dislike PelosiCare

Suppose you’re an amateur gambler. Say you’re a college student. You net $45,000 playing poker tournaments. When you determine your annual wins and losses you find that your gross winnings are $800,000 and your gross losses are $755,000. You take the losses as an itemized deduction, and you pay tax based on the $45,000 of income (less your exemption and any other itemized deductions).

Under the House Health Care Plan (aka PelosiCare), the hypothetical gambler would be hit with a 5.4% surtax on his $800,000 of Adjusted Gross Income, or $43,200. Ouch.

So let’s see what the taxes would be (using 2008 rates, except for PelosiCare):

Federal Income Tax: $6,113
California Income Tax: $1,907
PelosiCare Surtax: $43,200

Total Taxes: $51,220

Yes, an individual would owe $51,220 of tax on $45,000 of income; he would actually lose $6,220 by earning $45,000! Ignoring the substantive issues with health care reform, the tax portion of the legislation is mind-boggling. It would also lead to more amateur gamblers not reporting their true income (e.g. more tax evasion) and would lead to lower tax collections in the United States.

Hopefully this proposal (which apparently is now 43 pages longer–up to 2,033 pages!) will die and something that’s a lot more reasonable will take its place.

Posted in Gambling, Legislation | Tagged | 3 Comments

House Health Care Bill Adds Taxes for All and Work for Tax Preparers

The 1990-page health care bill that the House will consider has numerous tax provisions. Americans for Tax Reform published a list of some of the changes:

– Employer Mandate Excise Tax of 0 to 8% of wages (depends on size of business);
– Individual Mandate Surtax of 2.5%;
– Flexible Spending Accounts (FSAs) limited to $2500/year;
– Non-qualified HSA Distributions would be taxed at 20% versus 10% currently;
– Income tax surtax of 5.4% on Modified AGIs over $500,000 single/$1 million MFJ (margin loan interest is not deductible for purposes of this calculation);
– 2.5% excise tax on medical devices;
– 1099s would be required for corporations; and
– “Empowers the IRS to disallow a perfectly legal tax deduction or other tax relief merely because the IRS deems that the motive of the taxpayer was not primarily business-related”.

These are just some of the tax changes in this measure.

It’s important to realize that this legislation will not be signed into law as currently drafted. It’s quite possible there will be no health care legislation passed (Americans are not in favor of the legislation), though I suspect something will be passed. Additionally, it is certain that if the Senate passes legislation it will be very different from the House bill.

This measure would lead to higher taxes on the wealthy. This would lead to more strategies by the wealthy to shelter income, which means more work for tax professionals. Additionally, the requirement that 1099s be issued to corporations would mean a lot more work for tax professionals. As I keep telling my brother, I’m convinced I have lifetime employment.

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Do Businesses Base Decisions on Taxes?

The answer to this question should be obvious, but many liberals believe that taxes can be hiked, and hiked, and hiked some more, and businesses won’t do a thing but verbally complain.

That’s wrong. Businesses will locate will locate their operations rationally. They will seek to maximize net income. That could mean locating in a high tax area if there will be additional revenue to offset the higher taxes.

I can think of an obvious example where a business relocated because of taxes. Nissan Motors of America moved their corporate offices from Torrance, California to Tennessee. Tennessee is a low tax state while California is anything but a low tax state.

Washington state discovered the truth behind this. Boeing will locate the final assembly line for its 787 Dreamliner in Charleston, South Carolina. Historically, most of Boeing’s airplanes have been built near Seattle.

Mish notes that the unions refused to give Boeing a ten-year no-strike pledge for work on the 787 in Seattle; this apparently led (along with grants and tax breaks offered by South Carolina) to the decision.

For those who still say that businesses won’t react to costs and move, think again. Taxes matter, and if you increase them too high businesses will relocate.

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Definitely not a Treat for California Wage Earners

The latest gimmick of the legislature goes into effect on Monday, November 2nd for California wage earners. California income tax withholding has been increased by 10%. The goal of the increase is to have more money coming into state coffers. Taxpayers will get larger refunds (or owe less tax) but the state will be able to use that money in the meantime.

It’s just another accounting gimmick to “balance” the state’s budget. Of course it would have been better for the legislature to just cut more programs but that would require guts, something lacking in Sacramento.

There is a way for state wage-earners to get around this increased withholding: submit a Form DE-4 to your employer. You don’t want to change your federal withholding (we’ll assume that’s accurate) but you don’t want the state withholding dollars to change. If you submit a DE-4 your employer will adjust solely your state withholding allowances.

Here’s what to do. You will need your current paystub (it will show the number of allowances you claim). You will also need to look at the new table of withholding published by the EDD.

Let’s assume you’re married, paid weekly, claiming 2 allowances, and your pre-tax salary is $1848.00 per week. From page 6 of the table, we find that your state income tax withholding will be $78.28. From your last paystub, look at what your California withholding was. Let’s assume it was $73.50. We look on the same row of the table and find that $74.10 is the closest to the old withholding; that occurs at Married, with 4 allowances. So that’s what could be filled out on the DE-4.

Taxpayers do need to take care that they don’t underwithhold. You also do not want to exceed 9 allowances without discussion with a tax professional. That said, there is absolutely nothing illegal about matching your withholding to what you need withheld rather than what the state wants you to have withheld. Indeed, a refund means you’ve given an interest free loan to the government.

My hope is that California starts looking at real solutions to the state budget rather than gimmicks. Unfortunately, that’s about as likely as snow in Irvine.

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Just Like the Last Time…

When the first paragraph of a Tax Court decision ends, “Mr. Oropeza’s position is, in a word, “frivolous.” Just like we held it was the last time he was in Tax Court,” it’s likely the case is worth reading—if only for the humor value. And that’s the case here.

The petitioner earned wages in 2002 and 2003 but reported zeroes on his tax return because income wasn’t income constitutionally. That’s frivolous, and since the World Series began today, let’s call that strike one. Eventually the petitioner received a notice of Intent to Levy, and he responded to the IRS. He said he had learned his lesson: “In his request he specifically renounced any of his previous arguments that the Commissioner might consider frivolous, and asked only that the IRS verify that it had followed all required procedures.” The IRS did exactly that.

The petitioner got his hearing but he couldn’t raise any real issues. In the end, the petitioner said he’d see the IRS in Court. And that’s where the case went:

…Mr. Oropeza gives us no reason to upset the Appeals officer’s conclusion that a levy is appropriate–Mr. Oropeza did not suggest any collection alternatives to balance against the government’s interest in efficient tax collection.

We also reject Mr. Oropeza’s procedural arguments. Taxpayers who make only frivolous arguments aren’t entitled to face-to-face hearings. Lunsford v. Commissioner, 117 T.C. 183, 189 (2001). Taxpayers who make no arguments are likewise not entitled to a face-to-face hearing. Oropeza, T.C. Memo. 2008-94.

It’s not a good thing when the Tax Court can give as a citation your prior failed attempt in Tax Court. Needless to say, the petitioner lost the case. That’s strike two.

What is lucky today was that he didn’t suffer a penalty for bringing a frivolous case in the Tax Court. He certainly could have, so Mr. Oropeza should consider himself very lucky. Somehow, he avoided strike three, but he still does owe the tax.

Case: Oropeza v. Commissioner, T.C. Memo. 2009-244

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“The Producers” Doesn’t Work in Real Life

One of my favorite movies of all time is Mel Brooks’ The Producers with Zero Mostel as Max Bialystock and Gene Wilder as accountant Leo Bloom. They decide to produce the worst possible Broadway play–Springtime for Hitler–and sell several hundred percent of their show. The movie is wonderful and if you haven’t seen it it’s well worth the time.

Three federal lawsuits have been filed against ClassicStar LLC alleging the company oversold the breeding rights in various thoroughbred mares. In one lawsuit, filed in 2004, ClassicStar is alleged to have sold more than $160 million of mare lease rights when it only owned $40 million. As Leo Bloom would say, “You can only sell 100% of anything.”

Those lawsuits note that a federal investigation was ongoing. That reached fruition today when David Plummer, Spencer Plummer, and Terry Green all pleaded guilty to one county of conspiracy to defraud the United States. Acting U.S. Attorney Kent Robinson noted, “This nationwide fraudulent scheme is by far the largest criminal tax case in the history of Oregon.” Here’s some of how it worked.

Investing in race horses is done by wealthy individuals. It’s very expensive to do this, and you usually end up pooling your investment with others, especially if you are going to invest in the best horses. You’re betting on genetics, and sometimes it works and sometimes it doesn’t.

ClassicStar allowed investors to lease the reproductive capacity of specific thoroughbred horses. If the mare had a foal during the time that the investor held the lease, the investor would own the foal. And you get a tax deduction based on the losses incurred. Most investors financed their investments with loans from the purportedly independent National Equine Lending Company. But NELC wasn’t independent–it was owned by ClassicStar–and the money never really changed hands. Let’s add in that many investors apparently never had to make a loan payment and the fraud starts to stand out.

But that’s not all. ClassicStar also substituted less expensive quarter horse mares for thoroughbred horse mares as ClassicStar didn’t have enough of the thoroughbreds. So many individuals obtained tax deductions they weren’t entitled to, leading to refunds that they shouldn’t have received. The total size of the phony tax deductions is $500 million which led to a loss to the US Treasury of $200 million. Needless to say, the three who pleaded guilty are looking at very lengthy stays at ClubFed. Individuals who invested in ClassicStar are likely going to receive “Dear Valued Taxpayer” letters from the IRS in the very near future. And there are still the lawsuits to be resolved.

If you ever get the idea of selling more than 100% of anything, don’t. Only bad things can happen if you do.

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