Some years ago I came across the story of a poker player who had won a lot of money in cash games and tournaments. He traveled a lot and kept careful records of his travel expenses, his wins and his losses.
When he filed his tax returns, he listed his travel expenses and declared them against his winnings. Then he filed his federal tax returns.
The Internal Revenue Service denied the expenses and the poker player took the IRS to court.
There, with the help of a good attorney, he argued that poker was a skill game rather than a gambling game and that he had every right to declare his travel and other expenses, just like a professional tennis player or golfer. He showed the Court his winnings over the years. They were remarkably consistent and proved to the judge beyond a doubt that he was a skillful player and the judge ruled in his favor against the IRS.
I look at poker as a skill game. I know it is that because I lived in California for two years, depending on my poker earnings to pay my bills. When I moved to Lake Elsinore, I had $400 in my pocket. For the next two years, I played poker for a living. I paid all my bills and when I left Lake Elsinore, I had a car, a wardrobe and about $6,000 in cash.
I wasn't reached by any stretch of the imagination, but I had made a living at poker and nobody could take that away from me.
Still, in many parts of the county, the jury is still out on poker. Some authorities argue it is gambling and they use the resources of the law to arrest or fine people who run poker games. A typical case involved Lawrence Christina who operated a poker game in the back of a warehouse on Staten Island.
Most of the players were his friends. The games would begin late at night and last until breakfast. Christina had waitresses who served food and drink to the players, who bought in for an average of $300. Christina charged 5 percent per pot to take care of his expenses and to pay his employees.
The authorities heard about the game and arrested Christina, charging him with operating an illegal gambling establishment. A jury was called to hear the case.
The jury came in with a verdict of not guilty. Federal District Court Judge Jack Weinstein agreed with them and the charges were dismissed.
Of all the games in a casino, there are only two where skill is a major factor, although some gamblers may argue in favor of others -- and those games are poker and blackjack.
It is ironic that state governments can legalize lotteries and operate the PowerBall, which is the purest form of gambling. Do you know anybody who has won a major lottery prize? I don't and you probably have the same answer. But I know a lot of winning poker players.
Somebody once said if the government cannot tax something, that thing will be declared illegal. The gambling world saw the truth in that statement seven years ago when the federal government shut down Internet poker and other gambling forms. The day was appropriately called Black Friday.
The next time you are asked to vote for someone for public office, take the time to find out their opinion on poker, whether the game is live or online. The people need to speak out on this issue. For too long the bureaucrats have had their way and now it's time for the citizens to speak up.
Hey, it's all about freedom, folks, and what is left of it. Good luck and let the games begin.
Author: Geno Lawrenzi Jr.
(Geno Lawrenzi Jr. is an international journalist, magazine author and ghostwriter and poker player who lives in Phoenx, AZ. He has published 2,000 articles in 50 magazines and 125 newspapers. If you want to share a gambling story or book idea with him, send an email to [email protected] ).
