LEGAL TATTOOS

@Melodie Alright. One more. 😉
  1. I have a tattoo of the Queen of Spades on my right leg. I apologize in advance for its slightly faded detailing.
  2. The tattoo comes from the 1986 U.S. Tax Court case of Baxter vs. United States, 633 F. Supp. 912.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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".
  8. 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.
  9. My job is solely based upon: "the facts and circumstances" of the legal profession.
  10. Thank you (takes deep bow).
  11. SEXT