Taxable Talk

From Russ Fox, E.A., of Clayton Financial and Tax of Irvine, CA
All items below are for information only and are not meant as tax advice.
Please consult your own tax advisor to see how each item impacts your own situation.
Louisiana Bar Owner and Poker Player Accused of 505 Counts
I usually don't report on state tax fraud, but when I see someone accused of 505 counts, that gets my attention. From Lafayette, Louisiana, comes the story of Eric Cloutier. Mr. Cloutier is a former professional hockey player, and also has the same avocation as myself. He's a poker player, with about $160,000 in career winnings.

Mr. Cloutier owns two bars in Lafayette, and the Louisiana Office of Alcohol and Tobacco Control (LATC) was suspicious of his bars. The LATC alleges that Mr. Cloutier manipulated his cash registers so that the sales reported were substantially less than the actual sales—$1.4 million of under-reporting.

That's not the only thing he's accused of. There's one count of racketeering, two counts of theft and two counts of attempted theft, 67 counts of computer fraud, 92 counts of filing false public records, and a whopping 340 counts of obstruction of justice. Those 340 counts come from allegedly destroying evidence once the investigation had begun.

It doesn't take a math genius to figure out that Mr. Cloutier is looking at spending a lot of years in a Louisiana prison if found guilty.
Louisiana Loves Gamblers
And that's not a good thing.

Assume you're an amateur gambler. You add up your winning and losing sessions for the year, and find that you have $150,000 of wins and $100,000 of losses. You get to deduct the $100,000 of losses on your federal income tax.

But if you're a resident of Louisiana, you can't do that on your state return. Louisiana penalizes anyone who takes itemized deductions. The formula for calculating the LA itemized deductions is:

57.5% * [(Fed. Itemized ded'ns) - (Fed. Standard ded'n)]

This is especially bad for amateur gamblers, because gamblers must include all of their wins as part of their Adjusted Gross Income but none of their losses. At least Louisiana gives a deduction from income of the amount of federal income tax you pay...

So Louisiana joins my list of states where a gambler shouldn't reside. Here's the complete list:

Connecticut
Illinois
Indiana
Louisiana
Massachusetts
Michigan
Minnesota (because of its AMT)
Mississippi (Only MS gambling deductions are allowed)
New York
Ohio
West Virginia
Wisconsin