States Where Gambling Is a Bigger Gamble

Posted on March 28, 2006 by Russ

Let’s say you went to the casino last April, and were lucky, and won $1,000. Last August, you went to the casino, and you weren’t so lucky, and you lost $1,000. What are the tax implications?

For federal taxes (IRS), you have $1,000 of other income (line 21 of Form 1040) and a $1,000 itemizable deduction on Schedule A (not subject to the 2% AGI limitation on itemized deductions). For federal tax purposes, this will likely have few implications for many Americans.

However, let’s suppose you live in Illinois. Illinois’ state income tax is more of a gross receipts tax—there is no deduction allowed for gambling losses. For the amateur gambler, you have $1,000 of gambling income in Illinois.

There are nine states that treat gambling in this manner. Here is a list of the nine states that gamblers should avoid residing in:

    Connecticut
    Illinois
    Indiana
    Massachusetts
    Michigan (first $300 exempt)
    Minnesota*
    Mississippi
    Ohio
    West Virginia

Interestingly enough, Connecticut, Illinois, Indiana, and Mississippi all have casino gambling.

Minnesota is unique (as far as I can tell). Minnesota’s standard income tax allows deductions for gambling losses. However, its’ AMT does not, causing anyone with significant gambling losses to fall into Minnesota AMT. If anyone knows of any other states that don’t allow gambling losses to be deducted on the state AMT, I’d love to know.

I’ll point out that there are several states that don’t have any state income tax (or just tax interest and dividends): Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. That’s one less form (or set of forms) to complete each year.

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Breast Tax

Posted on March 26, 2006 by Russ

If you’re a plastic surgeon, and you use breast implants as part of your work, do you have to pay sales tax on the implants you use?

Yes, in Alabama.

The Alabama Department of Revenue recently took a doctor to task for not paying use tax on the breast implants he was using in his surgery practice. (Use tax is when the user is required to pay the equivalent of sales tax when the seller doesn’t charge sales tax. Almost all states have use tax laws. For example, that book you bought on Amazon tax free—well, you’re probably supposed to pay use tax on it. Indeed, many states have added a “use tax” line on their income tax forms.)

Alabama considers “…doctors, as members of a learned profession, are not making retail sales when they provide or supply tangible property to their patients incidental to their professional services. Hamm v. Proctor, 198 So.2d 782 (Ala. 1967); Haden v. McCarty, 152 So.2d 141 (Ala. 1963). However, the use or consumption of the property by the doctors in providing the services in Alabama is clearly subject to Alabama use tax.” So those stitches, bandages, and, yes, those silicone implants are taxable.

California appears to be headed in the opposite direction. The Board of Equalization ruled on February 1st that cosmetic medical treatments, including Botox and silicone implants, should be exempt from sales tax.

But one state taxes cosmetic surgery—New Jersey. Specifically exempted from the New Jersey ordinance are reconstructive procedures. However, cosmetic dentistry is taxable. Teeth whitening is specifically cited as taxable. Would orthodontia be taxable? I can imagine a sales tax auditor peering into some childs’ mouth, seeing how bad the overbite is. “Your son only has a 40% overbite, so you must pay sales tax.” But I digress….

Of course, when I read the Alabama story, I remembered the wonderful Chesty Morgan. Humorously, Chesty tried to deduct the implant surgery as a medical deduction (subject to a 7.5% AGI limitation) and lost in Tax Court. But the judge allowed her to deduct the surgery as an unreimbursed business expense (subject to a 2.0% AGI limitation).

So, the moral of this tale is that if you’re a plastic surgeon in Alabama, you’d better charge sales tax on those silicone implants or you could be busted.

Thanks to the NAEA for alerting me to this story.
Link: Alabama Administrative Law Judge Ruling

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Vegas to CA: Humorous Ads Score

Posted on March 25, 2006 by Russ

I previously wrote about Las Vegas’ attempt to draw more businesses from California. A few days ago I saw one of the ads: A giant peanut crushed a Californian, akin to California’s huge tax burden crushing a business. One Los Angeles television station, KABC, has refused to run the ads, citing an anti-California theme and offensiveness.

KABC is correct. The ads are anti-California, but they’re hardly offensive. Accurate is a better statement, especially when you compare the extremely offensive (high) tax burden in California to the non-offensive (low) tax burden in Nevada.

I haven’t seen another ad that the Nevada Development Authority has run. It features a poker game between California business and Las Vegas business. According to the Las Vegas Review-Journal, the Las Vegas business gets three aces and a “No state personal income/corporate tax card” while California gets an anti-business card. Las Vegas moves all-in while California folds.

The Nevada Development Authority has $5.5 million in marketing dollars to spend. But their most important bit of marketing is out of their hands—the results in the California June primary on Proposition 82, which would increase California’s already offensive tax burden.

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I Wish the IRS Would Look At….

Posted on March 24, 2006 by Russ

Have you ever thought of an area where you’d like to see the IRS issue guidance? Now is your chance to send the IRS cogent tax items that need clarification.

Today the IRS issued Notice 2006-36 requesting recommendations for the 2006-2007 Guidance Priority List. While any taxpayer can submit anything, in order for your recommendation to be seriously considered, you should ask yourself whether the recommendation:

“1. Whether the recommended guidance resolves significant issues relevant to many taxpayers;
2. Whether the recommended guidance promotes sound tax administration;
3. Whether the recommended guidance can be drafted in a manner that will enable taxpayers to easily understand and apply the guidance;
4. Whether the Service can administer the recommended guidance on a uniform basis; and
5. Whether the recommended guidance reduces controversy and lessens the burden on taxpayers or the Service.”

If you have any ideas that do, submit them to the IRS by May 15th, to:

Internal Revenue Service
Attn: CC:PA:LPD:PR (Notice 2006-36)
Room 5203
P.O. Box 7604
Ben Franklin Station
Washington, D.C. 20044

Here’s the 2005-06 Guidance Priority List. Not everything on the list receives guidance, of course.

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“I Never Got It”

Posted on March 23, 2006 by Russ

Assume that you’re a conniving individual. The pesky IRS sends you a notice of non-payment. You decide to either (a) ignore it, or (b) move, but not give the IRS your new address. What will happen? Today, the Tax Court weighed in.

When the IRS sends you a notice, they send it to your last known address. If you move, the IRS has a form for you to file, Form 8822, that you can use to notify them of your new address. (Most state tax agencies have similar forms; California has Form 3533.) It’s your responsibility to notify the IRS. If you filed your tax return with a new mailing address, that also is sufficient notification. By the way, like anything else you send to the IRS (or FTB), you should send your change of address by certified mail, return receipt requested so that you have proof that you mailed the notice.

In the case at issue today the petitioners did none of those things. They claimed that they didn’t receive the IRS’s notices. In their case, they hand’t moved, and it may be that the PO Box they used had horrible service. Or it may be that they did receive the notices, and ignored them. Unfortunately for the petitioners, the Tax Court chose not to accept their testimony of non-receipt, and they lost their case.

Case: Prakasam v. Commissioner, T.C. Memo 2006-53

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Wide Right?

Posted on March 23, 2006 by Russ

Ray Wersching had an illustrious career in the NFL. After starting his career with the San Diego Chargers, he moved on to the San Francisco 49ers, and played in Super Bowls XVI and XIX. Wersching holds the career Super Bowl record for most field goals (5). After retiring from the NFL, Wersching started an insurance company, Ray Wersching Insurance Agency, in Redwood City, CA, south of San Francisco on the Peninsula.

On Wednesday, Wersching was indicted for allegedly misappropriating premiums that should have been paid to Farmers Insurance Group, and of evading taxes on $3.6 million of corporate income in 1999 and 2000. Last year, the company’s co-owner, Mary Ann Locke, was indicted on similar charges.

Wersching’s attorney told the San Francisco Chronicle, “The money that was stolen went to Mary Ann Locke. Ray got none of it…She spent $8 million on a lavish lifestyle and gambling in Nevada.”

Wersching, who is also a CPA, is due in court on Monday.

News Stories: San Francisco Chronicle, San Jose Mercury

Posted in Tax Evasion | 4 Comments

Almost Impossible to Trace

Posted on March 22, 2006 by Russ

Don’t try this at home.

Suppose you set up some offshore companies. You take investors’ money and buy gold coins (making the money harder to trace). Add a few shell companies, here and abroad, ignore those pesky IRS (and Treasury) regulations requiring you to disclose foreign bank accounts, mix it up, and you end up with a wonderful scheme to hide assets from the IRS.

Almost. The IRS found out. The perpetrators are finding their way to federal institutions. The Portland Oregonian reported today that the scam cost the IRS over $22 million in unpaid taxes. Terry Neal, of Gresham, OR, will have five years to consider his crimes (in prison) and was also fined $50,000. His co-conspirators received lesser sentences (but did get jail time). And the IRS ended up seizing most of the gold, and did collect over $176,000 from selling it.

The moral is the usual one: If it sounds too good to be true…

News Story: Portland Oregonian

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CA LLCs: Where to Send Refund Request

Posted on March 21, 2006 by Russ

Courtesy of Roth Tax Updates, and CCH, here’s how to request a refund:


Taxpayers should fax their protective claims to the FTB at 916-845-9796. In the fax, taxpayers should note that this is a protective claim and assert that the LLC fee is an unconstitutional tax. The following information should also be included: (1) the LLC’s name and identification number; (2) the tax years involved; (3) the amount of the claim; and (4) the name of a contact person and his or her phone number and fax number. The FTB will send an immediate fax confirmation.


The FTB is going to appeal, so don’t expect any money any time soon.

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I’m Shocked (New Jersey)

Posted on March 21, 2006 by Russ

Remember Captain Renault from Casablanca? He steps into the back room of Rick’s Cafe, and says, “I’m shocked, shocked to find that gambling is going on in here!” A croupier then hands him a pile of money and says, “Your winnings, sir.” That’s how I feel when discussing corruption in New Jersey.

Last week I reported on corruption at the Department of Taxation. Today, courtesy of the TaxProf Blog, we find corruption in the school system. The report shows that administrators are making far more money than what one would expect. The TaxProf Blog then goes on to note that schools in New Jersey are funded by property taxes, and that New Jersey’s property tax rates are among the highest in the nation. The Wall Street Journal has a particularly good critique of this issue in an editorial today.

So what do you suppose New Jersey’s Governor Jon Corzine would do? Promise to stamp out the problem? A fight against corruption? How about a budget full of tax increases? No, he couldn’t have that kind of poor political timing.

Sorry, the cynics win.

“Residents see higher taxes, less relief under Corzine’s $30.9 billion budget” screams AP’s headline in Newsday. The article goes on to detail a $1 billion increase in sales tax (by increasing the tax rate from 6% to 7%), and another $0.8 billion increase in other taxes. To his credit, Corzine also wants to find a few programs to cut ($2 billion in spending on a $31 billion budget). However, while he may be cutting some programs, the budget is, overall, a 9% increase from fiscal 2006’s $28.3 billion.

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All-In Back in Florida

Posted on March 18, 2006 by Russ

Florida has some unusual gambling laws. A court last year ruled that no-limit Texas Hold’em tournaments violated the law. On Friday, an appeals court ruled that the Florida Department of Pari-Mutuel Gaming erred in its decision that no-limit Texas Hold’em was illegal.

Interestingly enough, the original ruling hurt tax revenues. The appellate decision could be appealed, though, to the Florida State Supreme Court.

News Story: Sun-Sentinel

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