Gilgamesh 360x1000
2lafayette
storyparadox3
7confidencegames
Storyparadox1
1albion
1lauber
7albion
Margaret Fuller2 360x1000
2defense
Margaret Fuller 2 360x1000
Thomas Piketty2 360x1000
1lookingforthegoodwar
James Gould Cozzens 360x1000
Learned Hand 360x1000
11632
George F Wil...360x1000
6albion
399
12albion
1paradide
Spottswood William Robinson 360x1000
Ruth Bader Ginsburg 360x1000
4albion
2jesusandjohnwayne
Margaret Fuller3 360x1000
9albion
1madoff
1transcendentalist
299
2albion
1falsewitness
Margaret Fuller5 360x1000
Maria Popova 360x1000
1theleasofus
2theleastofus
Thomas Piketty3 360x1000
1defense
Susie King Taylor 360x1000
3confidencegames
Tad Friend 360x1000
3theleastofus
Edmund Burke 360x1000
1confidencegames
Susie King Taylor2 360x1000
Brendan Beehan 360x1000
AlexRosenberg
5albion
13albion
Anthony McCann2 360x1000
storyparadox2
1lafayette
1empireofpain
3defense
2trap
3albion
lifeinmiddlemarch2
Office of Chief Counsel 360x1000
lifeinmiddlemarch1
2confidencegames
Adam Gopnik 360x1000
2gucci
Anthony McCann1 360x1000
10abion
Mark V Holmes 360x1000
Thomas Piketty1 360x1000
Maurice B Foley 360x1000
6confidencegames
499
Margaret Fuller4 360x1000
Betty Friedan 360x1000
Lafayette and Jefferson 360x1000
2transadentilist
Richard Posner 360x1000
1trap
5confidencegames
Mary Ann Evans 360x1000
2lookingforthegoodwar
Margaret Fuller 360x1000
11albion
2falsewitness
George M Cohan and Lerarned Hand 360x1000
2paradise
LillianFaderman
14albion
Margaret Fuller1 360x1000
3paradise
1gucci
Stormy Daniels 360x1000
8albion'
199
1jesusandjohnwayne
Samuel Johnson 360x1000
4confidencegames

This was originally published on PAOO on August 4th, 2010.

File:Mais Feng Shui.jpg

Image by Maisfenghui.

Tax court summary opinions lack value as precedent. They frequently make up for it in their entertainment value. They also give a better glimpse of the gritty reality of audits. They often seem to concern issues of substantiation. Since you have already had two bites at the substantiation apple by the time you get there, the cases can sometimes sound a little silly. Taxpayers do sometimes win though and I was particularly pleased that Trieu M. Le was successful (TC Summary Opinion 2010-94). I always say that fairness and making sense don’t have anything to do with whatever the right answer is, but that doesn’t mean I’m not rooting that way.

Trieu M. Le had lost over 200,000 playing slot machines in 2006. He claimed that he was a professional gambler, although he did not take the net loss against other income, The Service took the position that he was not a professional gambler. They increased his gross income and reduced the losses as itemized deductions subject to the 2% floor. This produced a deficiency of just under $10,000. During 2006 Mr. Le and his wife had spent every weekend playing slot machines sleeping only a few hours. For this dedication, the Tax Court awarded them an A for effort noting that it added up to as much time as they spent on their regular jobs.

Having disposed of the issue that they were not full-time gamblers, the court moved onto the Service’s contention that their “business plan” was irrational :

Before petitioner’s decision to become a professional gambler, petitioners had been casual gamblers but they did not wager large amounts. Sometime during 2005 petitioners began to invest heavily in gambling (mainly playing slot machines). Petitioners were born in Vietnam, and their religious and cultural beliefs were derived from their Vietnamese background. They believed in Feng Shui. Because of this belief and other religious and cultural beliefs, they expected that certain days were “lucky days” or days on which their chances of successful gambling increased. They were cognizant that slot machine odds favored the casinos but expected to overcome those odds by attempting to gamble on their “lucky days”. In addition, petitioners would watch other slot machine players; and if they had excessive losses, petitioners believed that taking over machines of losing players provided more opportunity. That was their plan for making a profit.

Petitioner is from a culture different from that generally extant in the United States, and he drew upon that culture to formulate his business plan. His plan was to use Feng Shui to determine which days were his or his wife’s “lucky days” and have that person bet heavily on those days. He also used a technique of watching other players; and if they left a slot machine after heavy losses, petitioner believed that the machine was due for a payoff.

The standard, however, requires only that the profit objective be actual and honest. It would be difficult to find on the record before the Court that petitioner’s approach to making a profit was irrational. For example, if someone’s investment in a stock or a business were based on Feng Shui or some other cultural judgment, that would not per se be “irrational”. Petitioners used their best judgment and successfully tested their business approach. Ultimately, the fact that their approach was unsuccessful does not make it irrational.