SEC 70114 is unconstitutional.
• Introduced by @MikeCrapo
• Limits deductions to 90% of losses.
• Win $100k / lose $100k → IRS taxes $10k you never kept.
• The 90% cap violates the Sixteenth Amendment because it taxes something that is not “income.”
• Under Eisner v. Macomber (1920) income must be a “gain derived” from capital or labor.
• Under Commissioner v. Glenshaw Glass (1955) it must be an “undeniable accession to wealth, clearly realized, over which the taxpayer has complete dominion.” When a gambler’s wins and losses net to zero, there is no accession (increase) to wealth.
This phantom "income" tax will go into effect starting tax year 2026. @repdinatitus is working on a bill that would reverse this unfair anti-gaming tax provision. Let's hope common sense prevails and this is quickly reversed before 2026 gets here.
#Kill70114 #StopHiddenTax
Yikes.
Senate Amendment to the Big Beautiful Bill =
You get taxed on more than you earned from gambling, even if you netted $0 (or less!).
Here's how it works and what you can do...
The change
If it passes in this form, starting in 2026, gambling losses (and expenses) will only be 90% deductible (and still only up to your total winnings).
What this means in plain English
If you win $100k and lose $100k – You’ll owe tax on $10k of “phantom” income.
If you win $100k and lose $50k – You actually profited $50k, but you’ll owe tax on $55k.
If you win $100k and lose $150k – No tax owed (your deduction is capped at $100k, which is more than 90% of $150k ($135k)).
(Editing in from my post below because it's important:
A pro who earns $200k/year might have $3m in winnings and $2.8m in losses.
This means earning $200k and being taxed as if they earned $480k.)
This applies to both recreational and professional gamblers.
For pros, your travel, coaching, software, etc. are lumped into the “loss” bucket and still subject to the 90% cap.
What to do
Pulling from @russcfox's post:
"If you don't like this (and I don't), and if you have a GOP Congressman, let them know. (You can find your House representative at https://t.co/OCRMfd1P3l) Be respectful in your message, and, yes, they are looked at."
Thank you for breaking the news and keeping poker players posted, Russ!
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Finally… only took 12 days. all I want for Christmas is @fliff to unban me🥺🥺 what even is an arbitrage bet anyway? I just love betting my favorite sports team and depositing money into fliff!!