@Melodie Alright. One more. 😉
- •I have a tattoo of the Queen of Spades on my right leg. I apologize in advance for its slightly faded detailing.
- •The tattoo comes from the 1986 U.S. Tax Court case of Baxter vs. United States, 633 F. Supp. 912.
- •Essentially, a professional gambler sought to have his substantial gambling earnings considered non-taxable, as he acquired them through skill and chance, rather than by business income. See, I.R.S. Code 43.It's been a long time, so forgive the citations.
- •The gambler earned $178,000.00 in gambling winnings from poker. He paid the income tax associated with those earnings, but sued the government for a refund. His argument: his earnings were based on his talents at the gambling tables, not his actual, physical labor.
- •The Nevada trial court used two tests to determine if a person's activity constitutes a "trade or business" related-activity: "goods and services", or "facts and circumstances" surrounding that acquired labor.
- •Seeing that Baxter had no other labor materials or otherwise products that he was creating from his work as a gambler, the Nevada trial court found in favor of Baxter, stating that his gambling earnings all came from the "facts and circumstances" surrounding his skill and judgment.
- •I don't why the trial court mentioned it, or it was cited as a corollary thought, but the Queen of Spades was stated as: "The card of lawyers".
- •I also like to think of it this way: like Baxter, the legal profession doesn't really have much in the way of: "product". We create things that, certainly, have effect on people's lives, but that comes from our skill, sharpness of mind, and judgment.
- •My job is solely based upon: "the facts and circumstances" of the legal profession.
- •Thank you (takes deep bow).