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Interesting Poker Income Tax Case in USA

INTERESTING ONLINE POKER TAX RULING IN THE UNITED STATES
 
Online players are not required to report their accounts to FinCEN as foreign bank accounts...but they must do so in respect of e-processor accounts.
 
The legal publication JDSupra.com reported Friday on an interesting July 21 ruling by the Ninth Circuit Court in the United States, which determined that a taxpayer who held online poker accounts with PokerStars and PartyPoker is not required to report those accounts as "foreign bank and financial accounts" to FinCEN, although he or she must report an account with online e-processors such as FirePay.
 
The case was United States v. Hom, No. 14-16214 D.C. No. 3:13-cv-03721-WHA (9th Cir. 2016), and it overturned a decision of the United States District Court for the Northern District of California, in part, which had held that all such accounts were reportable.
 
The key issue was whether either PokerStars, PartyPoker or FirePay was a financial institution, JDSupra reports, with the court concluding that whilst Pokerstars and PartyPoker did not fall within such a definition, FirePay did.
 
The processor had acted as an intermediary between Hom’s Wells Fargo account and the online poker sites. Hom could carry a balance in his FirePay account, and he could transfer his FirePay funds to either his Wells Fargo account or his online poker accounts, the publication reports.
 
"It also appears that FirePay charged fees to transfer funds. As such, FirePay acted as “a licensed sender of money or any other person who engages as a business in the transmission of funds” under 31 U.S.C. § 5312(a)(2)(R) and therefore qualifies as a “financial institution,” the report notes.
 
Hom’s FirePay account is also “in a foreign country” because FirePay is located in and regulated by the United Kingdom.
 
The court found that by contrast Hom’s PokerStars and PartyPoker accounts do not fall within the definition of a “bank, securities, or other financial account.”
 
The online poker providers primarily facilitate online gambling, and Hom could carry a balance on his PokerStars account, and indeed he needed a certain balance in order to participate in a poker game.
 
But the funds were used to play poker and there is no evidence that PokerStars or Party Poker served any other financial purpose for Hom.
 
http://www.jdsupra.com/legalnews/9th-circuit-online-poker-accounts-not-28472/



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Vikings’ Victory Slot Launches - The game’s impressive graphics take you to the sea side, where a longship sits beyond the reels. Mountains and trees make up the background, and smoke can be seen billowing from beyond the screen. The five reels are on a sail, with 25 paylines marked by red flags.

50 WSOP Seat Satellite - Sunday, July 2nd at 3pm ET, two just days before the Fourth of July holiday, Americas Cardroom is running a 50-seat qualifier to the 2017 WSOP Main Event in Las Vegas.

NHL Odds: Series Tied Heading Back to Pittsburgh - As quickly as Pekka Rinne lost his game in Pittsburgh, he found it again in Nashville. After Game 2, there were murmurings that Rinne wouldn’t start the next game. Predators Head Coach Peter Laviolette decided to stick with his goaltender, however, and Rinne led his team to two consecutive victories at home while stopping 50 of 52 shots.

Huge Win at Bitstarz Casino - There has been plenty of big wins being landed at BitStarz lately, and yesterday, it was time again. Surprisingly it was yet another Amatic game that made one lucky player extra happy as he raked in an incredible $112,402 during an evening of intense playing.

Beautiful Bones is the latest game release from Microgaming - Beautiful Bones is a five reel, 243 ways to win, visually superb slot. The Day of the Dead-inspired slot features vibrant and elaborately decorated reels, which truly bring this game to life.

NBA Odds: Can Warriors Keep up the Pace in Cleveland? - The Cleveland Cavaliers head back home down 0-2 in the 2017 NBA Finals after losing the first two games straight up and against the spread to the Golden State Warriors by wide margins. Game 3 is Wednesday at 9 PM ET on ABC.

ACR Buck Hunt Promotion : 2017 WSOP Seats - The Hunt for WSOP Seats is on with Americas Cardroom's Buck Hunt Promotion

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