William W. Boyd and Ruth G. Boyd v. United States

BOOCHEVER, Circuit Judge:

Boyd, a professional poker player, managed the cardroom at a casino and played in the games himself to attract customers. Boyd brought a refund claim in the district court, seeking to deduct as business expenses his poker losses, his contributions to the house take or “take-off” on each hand, and his tipping expenses. In the alternative, he contended that his contractual share of the house take was wagering income and that he could offset his poker losses against that income. We hold that Boyd’s contractual share of the takeoff was not gain from wagering transactions,…