360° Coverage : Online Sportsbook Founder Held Liable for $36 Million In Tax And...

2 Updates

Online Sportsbook Founder Held Liable for $36 Million In Tax And Penalties

Mar 15 2014, 6:25pm CDT | by

Last week, I detailed my fantasy of fleeing public accounting for life as an illegal bookmaker. I was, of course, indulging in nothing more than a bit of playful escapism, meant to dull the pain of...

Filed under: news


23 weeks ago

Online Sportsbook Founder Held Liable for $36 Million In Tax And Penalties

Mar 15 2014, 6:25pm CDT | by

Last week, I detailed my fantasy of fleeing public accounting for life as an illegal bookmaker. I was, of course, indulging in nothing more than a bit of playful escapism, meant to dull the pain of another long busy season.

But after reviewing the Tax Court’s decision in Kaplan v. Commissioner, T.C. Memo 2014-43, I think I’m ready to give my two-weeks notice. Like, today. Because while Kaplan may not enlighten with regards to the tax law, it does reveal just how much bookmakers earn. And it’s a lot. As in a $24 million tax bill, which translates into approximately $75 to $160 million of taxable income, depending on the character.   

In Kaplan, the taxpayer made the sound financial decision to drop out of high school so he could support his two children by taking bets. Following a 1993 arrest in New York City on sportsbooking charges, the taxpayer sought the more friendly gambling environs of Aruba before eventually landing in Costa Rica.

Around that time, Al Gore was gracious enough to invent the internet, and indirectly giving birth to millions of hours of streaming pornography a highly lucrative offshore sports book industry.

Understand, sports betting is illegal in the U.S.because it is an evil, duplicitous act. (Unless of course, you’re in Vegas, in which case, feel free to parlay the Cowboys and 49ers to your heart’s content! No hypocrisy there.) As a result, prior to the internet era, bettors were forced to place their wagers with shady local bookies. Because bettors could wager money without actually fronting the cash, it was easy for a gambler to bet above his means and suddenly find himself in serious trouble with nefarious sorts.

With the advent of internet gambling, however, everything changed. While it was still illegal for a U.S. citizen to wager on sports via the Web, the government was focused on taking down the sportsbooks, and largely ignored the bettors. More importantly, the birth of online sportsbooks helped to protect bettors from an adversary more harmful than even the FBI: themselves. Bettors now had to place a wager out of an account, and any money risked had to be deposited in the account prior to the wager. Of course, if the bettor deposited money into his account via a credit card, he could continue to dig himself a financial hole, but at least in this case it was the credit card company coming after him, and not Vito from Chambersburg threatening to break his thumbs.

The taxpayer in Kaplan launched BetOnSports LLC during the Web’s formative years, and the rush of bettors seeking the perceived legitimacy and financial protection of an online sportsbook quickly turned the BetOnSports into one of the most heavily-used and profitable sites in the industry.

In 2004, the taxpayer, anticipating a public offering by the now-flourishing BetOnSports, transferred his shares in the company to several trusts in the Isle of Jersey. As part of the company’s PLO, the taxpayer’s trusts sold approximately 42 million shares of BetOnSports for $97 million at a time when he had no basis in the company’s shares. The taxpayer failed to report any of the gain – or file a tax return, for that matter — in either 2004 or 2005.

In 2007, the taxpayer was arrested in the Dominican Republic by U.S. authorities on charges of illegal bookmaking, racketeering, mail fraud, and using wire communication to transmit bets. Upon his arrest, the taxpayer faced 75 to 100 years imprisonment and criminal forfeiture of $180 million.

Two years later, the taxpayer entered into a plea deal with the government. As part of the agreement, he would serve 41 to 51 months in prison and forfeit nearly $44 million to the federal government. The plea specifically provided that no further criminal charges could be brought against the taxpayer. Unfortunately for the taxpayer, however, the deal also specifically stated that:

Nothing contained in this document is meant to limit the rights and authority of the United States of America to take any civil, civil tax, or administrative action against the taxpayer.

Before finalizing the plea, the judge asked the taxpayer if he understood the difference between criminal and civil tax proceedings, and that the plea deal continued to expose the taxpayer to civil tax charges. He responded that he did.

And therein lies the problem. Because soon after the taxpayer’s conviction, the IRS set about preparing tax returns for the taxpayer’s missing 2004 and 2005 tax years. After concluding that the Isle of Jersey trusts established by the taxpayer were grantor trusts for U.S. tax purposes – and thus the income allocable to the trusts were required to be reported by the taxpayer – the Service assessed over $24 million in tax related to the taxpayer’s unreported capital gain from the sale of BetOnSports stock. The IRS then tacked on $12 million in related penalties for late filing, late payment, and underpayment of estimated tax for good measure.

Faced with a $36 million tax bill, the taxpayer argued that the IRS was precluded form bring a civil tax action against him under the plea agreement. The Tax Court, armed with the sworn testimony from the plea hearing, had all the proof it needed that this was not the case.

As a result, on top of the $43 million the taxpayer was forced to cede to the government as part of his plea deal, he was also held responsible for an additional $36 million in tax and penalties, proving once again that crime does in fact pay. For the IRS.

follow along on twitter @nittigrittytax

Source: Forbes Business


4 hours ago

Khazanah throws MAS RM6b lifeline

Aug 29 2014 5:01pm CDT | Source: Business Times Singapore

August 30, 2014 1:15 AMKHAZANAH Nasional will inject RM6 billion (SS$2.4 billion) over three years to resuscitate loss-making Malaysia Airlines (MAS) under a recovery plan that includes even an Act of Parliament. Other key moves are migrating its operations, assets and liabilities to a new company (NewCo) and slashing the workforce of ...
Source: Business Times Singapore   Full article at: Business Times Singapore


1 day ago

MAS posts loss of RM307m for Q2

Aug 28 2014 5:00pm CDT | Source: Business Times Singapore

August 29, 2014 1:13 AMMALAYSIA Airlines (MAS) registered a loss of RM307 million (S$122 million) for the second quarter to end-June, but warned of worse to come in the second half when the "full financial impact of the double tragedies of MH370 and MH17" hit ...
Source: Business Times Singapore   Full article at: Business Times Singapore


Don't miss ...


<a href="/latest_stories/all/all/30" rel="author">Forbes</a>
Forbes is among the most trusted resources for the world's business and investment leaders, providing them the uncompromising commentary, concise analysis, relevant tools and real-time reporting they need to succeed at work, profit from investing and have fun with the rewards of winning.


blog comments powered by Disqus

Latest stories

Modi leaves for Japan
New Delhi, Aug 30 (IANS) Prime Minister Narendra Modi left for Japan Saturday morning on his first bilateral visit outside the Indian subcontinent.
Modi embarks on Japan visit
New Delhi, Aug 30 (IANS) Prime Minister Narendra Modi left for Japan Saturday morning on his maiden bilateral visit outside the Indian subcontinent.
Modi government selling off Indian assets: Mamata
Kolkata, Aug 30 (IANS) Accusing the Narendra Modi led BJP government of selling out the country's assets by embracing FDI across sectors, West Bengal Chief Minister Mamata Banerjee Friday warned that such policies would put Indian economy in grave crisis.
13 die of Ebola in DRC
Kinshasa, Aug 29 (IANS) A total of 13 people, including five doctors, died of Ebola virus disease in the Democratic Republic of Congo (DRC), the country's Minister of Public Health Felix Kabange told Xinhua Friday.

Latest from the Network

Fugitive Colombian warlord nabbed in Panama
Bogota, Aug 30 (IANS/EFE) A former rightist militia chief convicted in absentia for his role in massacres has been arrested in Panama, Colombian police said Friday. Colombian police informed Panamanian counterparts...
Read more on Politics Balla
Brazil's Gremio bans five fans over racist abuse
Rio De Janneiro, Aug 30 (IANS) Brazilian club Gremio have banned its five fans from attending home matches after they were found to be involved in racially abusing a player. Santos goalkeeper Aranha was racially...
Read more on Sport Balla
44 detained UN peacekeepers safe: UN
United Nations, Aug 30 (IANS) The 44 UN peacekeepers detained Thursday by militants in the Golan Heights are "safe and in good health", a UN spokesman said late Friday. "The United Nations has received assurances from...
Read more on Politics Balla
Jessica Chastain demands a female superhero movie
Los Angeles, Aug 30 (IANS) Actress Jessica Chastain demands a female superhero movie, which should have Scarlett Johansson in the lead role. The acclaimed actress, who starred in the 2013 horror film "Mama", says...
Read more on Celebrity Balla
Putin, Poroshenko agree on aid delivery to Ukraine by railway
Moscow, Aug 30 (IANS) Russian President Vladimir Putin said Friday he has agreed with Ukrainian President Petro Poroshenko on the proposal of delivering humanitarian assistance to southeastern Ukraine by train. "We...
Read more on Politics Balla
Militants take hostate 44 peacekeepers in Golan
United Nations, Aug 30 (IANS) At least 44 peacekeepers have been taken hostage by the militnts in the Golan Heights, a UN spokesperson said Friday. "The United Nations Department of Peacekeeping Operations (DPKO)...
Read more on Politics Balla
Seacrest hopes to have 'great marriage' like parents
London, Aug 30 (IANS) Anchor-producer Ryan Seacrest, who is dating Shayna Taylor, says he would like to have a fantastic marriage just like his parents. The 39-year-old admires his parents - Connie and Gary - and...
Read more on Celebrity Balla
Moscow threatens to retaliate against Poland
Moscow, Aug 30 (IANS) Moscow Friday threatened to take retaliatory measures against Poland, after its authorities refused permission to a plane carrying Russian Defence Minister Sergei Shoigu to enter its airspace....
Read more on Politics Balla
Over three million flee Syria since 2011: UN
Geneva, Aug 30 (IANS/EFE) The number of Syrians forced to flee their country as a result of the civil war that began in 2011 topped three million Friday, UN refugee agency said. Journey out of Syria is becoming...
Read more on Politics Balla
Madonna slams Gaga in leaked song
London, Aug 30 (IANS) Pop star Madonna has reportedly called Lady Gaga a "copycat" in the lyrics of her leaked track "Two Steps Behind Me". The 56-year-old wrote the song about the "Pokerface" hitmaker in which she...
Read more on Celebrity Balla