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Old 10-03-2006, 11:16 AM
Ryno Ryno is offline
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Join Date: Jan 2005
Location: SoCal
Posts: 531
Default How are pro players \"safe\"?

I saw a thread locked that asked such a question, but no one that I've seen has made a good counter-argument to the following:

Line A of Schedule C, 1040 form, asks for "Principal Business or Profession"

Suppose you write "Gambling" in that box. You are now in the business of betting or wagering.

Unlawful Internet Gambling is defined as follows:

"to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the internet where such a bet or wager is unlawful under any applicable Federal or State law in the State or Tribal Lands in which the bet or wager is initiated, received, or otherwise made." (p. 221-222)

It does not say "placing the bet" has to be unlawful, just that the bet or wager itself is unlawful. In other words, if placing a bet is legal but booking a bet is illegal, then the bet is illegal. Therefore if playing poker is not legal where you live, and you play poker online, you fit under the definition of Unlawful Internet Gambling.

Add the two together, throw in a cashout from Pokerstars, and you are a person in the business of betting or wagering accepting a payment in connection with Unlawful Internet Gambling, no?

I would love to have someone prove this wrong.
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