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MN Department of Revenue BWNED by 72 y.o. grannie gambler

  
 
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alias2211
Old 05-17-2006, 08:44 PM     Post subject: MN Department of Revenue BWNED by 72 y.o. grannie gambler #1 (permalink)  
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LOL check this out, the best part is that she represented herself in her trial and still won...

Gambler argues it's her business, court lets her deduct losses
BY SHANNON PRATHER
Pioneer Press

Estelle Busch may have been a loser at the slot machines, but she won when she took on the Minnesota state tax system.

The Minneapolis woman did it by claiming to work more than full time — 60 hours a week, in fact — at gambling. She said she won $1.5 million and lost $1.7 million over three years. The state said she couldn't deduct her gambling losses — $200,000 — under applicable Minnesota tax law.

Instead, the Department of Revenue audited her returns and demanded $102,000 in back taxes.

But Busch argued hers weren't gambling losses; she was running a business.

The state Supreme Court agreed and ruled she didn't owe the back taxes. Justices called it a "trade or business," even if it wasn't a terribly reasonable one to practice.

"It was just plain hard work," said the 72-year-old retiree, who had been a schoolteacher, police dispatcher and landlord.

Busch argued in court documents that she researched slot machines on the Internet and frequently asked Mystic Lake staff and customers which machines were "rolling."

Attorneys representing the Commissioner of Revenue countered that playing the slots required no skill or research and was entirely dependent on chance.

In an 18-page ruling, Justice Paul Anderson, writing for the court, explained it was a close call but sided with Busch. Anderson noted she "gambled full time, made attempts to improve her 'skill' at using slot machines and to apply that skill, kept detailed, businesslike records of her winnings and losses."

Busch also was able to claim gambling losses on her federal income taxes, according to court documents.

Under Minnesota and federal tax formulas, taxpayers may claim an itemized deduction for gambling losses to the extent of their winnings. But wealthy Minnesotans required to pay the Individual Alternative Minimum Tax lose the ability to make that deduction.

Officials with the Department of Revenue could not be reached for comment. Busch did not want to be interviewed Tuesday, saying, "The case speaks for itself."

There were no attorneys to contact. Busch represented herself in court — perhaps the ultimate gamble.
In answer to your question... it depends...
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Silly String
Old 05-17-2006, 09:35 PM #2 (permalink)  
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boost
Old 05-18-2006, 05:11 AM #3 (permalink)  
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wow... if that can hold up in court and it isnt a complete fluke (sympethetic judge?) then surely you can deduct loses for poker earnings. I know you can in some places, but I think in Illinoist hey dont let you...
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