vpFREE2 Forums

Digest Number 5661

7b. Re: gambling taxes
Date: Sun Feb 24, 2008 5:02 pm ((PST))

--- In vpFREE@yahoogroups.com, "cbivitz99" wrote:
>
> What makes the whole things worse and truly unfair is if you live
in a
> state that calculates state income tax off of your gross income on
your
> 1040. The effect is that for the feds you can deduct your losses
from
> your winnings, but for the state you have to pay taxes on the
GS2's
> without the possibility of deducting losses. In my case, I have
85K in
> reported paper winnings I have to pay state taxes on even though I
have
> a 6K loss for the year.
> I've checked quite a bit into this and if anyone knows that I am
wrong
> (in this case CT), let me know.

I would attach a schedule titled "Net Gambling Income/Loss" and show
all of your wins AND offsetting losses, and the corresponding
negative total, and enter that (or "zero") in the space for
Miscellaneous Income. Then let them try to prove that you had actual
taxable income from gambling activity--they won't be able to.

This is not to say that they won't try to bully or intimidate you
into paying taxes that you don't owe.

What you owe has nothing to do with your actual net income -- if you don't believe it, try buying something when you have NO income, and see if you can get out of the sales tax!

Most of the states that have this (and there are several) have it in statute -- they have a GROSS (not NET) income tax for the state.

Still, doesn't hurt to try -- if you don't mind an audit, assessment, interest and possible penalty. It would be difficult for them to prove "fraud", which is what would get you in jail.

--BG

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