Results Of Any Skill vs Luck Court Cases?

[The Big Sleazy]

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Virtually all Courts would concede that there is SOME skill in poker and most forms of gambling (slots and Roulette type games, maybe not), and this explains the tax rulings in the cases above. They allow you to file as a professional gambler. They do not examine or conclude whether or not poker is a game of chance.

Colorado's law is an interesting one, and IMHO attackable in Court. Be prepared for a battle, however. There are two key points: The law defines gambling as wagering on an outcome "contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control...." A poker game's outcome is certainly contingent IN PART on chance: when there is a showdown its who has the best cards who wins, and who has the best cards is determined by chance. But what about when there is no showdown? How can that hand be said to be contingent on the cards: when everyone has folded to the winner, the actual cards are irrelevant to the outcome. Note also that the statute includes the language "over which the the person taking the risk has no control." Well you certainly have no control over what the next card will be, but you do have some control over who will be in the hand to see the next card: YOU CAN FOLD. You also have an ability to influence, if not control, whether others will see that next card: YOU CAN RAISE. Because poker in all its modern forms is determined more by the decisions players make than by the actual cards dealt, I believe there is a possibility of a Court ruling poker is not gambling under CO law. A possibility....Before you do anything that will lead to possible criminal prosecution you had better consult with a CO lawyer just like MF said.

You may also wish to consider how you construct this card room given the law's "social play" exemption. Clearly a casino style rake is making a profit that is dependent on the amount bet, and therefore you are making a profit from the game (illegal). But if you create a social club that has dues independent of the gaming, that may be quite legal. Again, only a CO lawyer will have enough information to answer these questions specifically.

AS to actual cases: USE THE INTERNET THING. You will find that a mix of court opinions on this subject. The most recent was a poorly argued NC Court of Appeals case that went against us and was discussed heavily in this forum. Older cases in Calif. and Missouri ruled poker was not a lottery where a lottery was defined as any game more chance than skill. Neb. has a case ruling the other way.

If you want to send me money, I will do the research for you [img]/images/graemlins/wink.gif[/img]. But you are still better off hiring a CO attorney if you are serious about such a venture.

Skallagrim

[/ QUOTE ]i pretty much agree with you on everything but if i did a time charge instead of a rake then it may work, because i would have zero intrest in the outcome and they would just be paying to be inside my place of buisness. i am also considering making it a members only club with low fee's. also to avoid posible charges could i file sute against colorado first?