After New Jersey's Supreme Court victory in May 2018, any state that wishes can legalize sports betting.

At the same time various state lawmakers are considering sports betting legislation, Congress is too. Senators Chuck Schumer, D-N.Y., and now-retired Orrin Hatch, R-Utah, co-introduced comprehensive sports betting legislation at the end of 2018. On Sept. 27, 2018 the House Judiciary Committee held a formal hearing on the topic.

The dual track of proposals -- state and federal -- have increased in frequency since the start of 2017.

United States Supreme Court Frees States to Legalize Sports Gambling Posted on May 21st, 2018 by Ashley C. Wakefield The legality of sports gambling is a controversial topic, made only more so last week because of a 6-3 decision by the U.S. Supreme Court, in Murphy v. The United States Supreme Court on Monday ended a 26-year ban on betting on professional and college sports. The court’s decision permits state officials to pass laws permitting books to open on.

To measure the change in the landscape, we ranked all 50 states and the District of Columbia in terms of how likely it is for each jurisdiction to offer full-scale legal sports betting. A brief synopsis for the active states is included, with updates to follow.

Last updated on November 3, 2020.

Already there

1. Nevada

No longer the only state to permit a wide variety of legal sports betting, Nevada is a mature market that has existed for decades. Given its long history in successfully offering regulated sports wagering, many states might look to Nevada for best practices.

Type of wagering permitted: In-person and mobile
Notable prohibitions: None
Number of casinos (as of Dec. 31, 2019): 223
Population: 3,034,392 (2,246,259 21+)

2. Delaware

On June 5, 2018, Delaware moved to offer single-game betting on a number of different sports at three casinos in the state. Expanded sports wagering options could take place at additional locations or online. Delaware's authorization of what Gov. John Carney described as 'a full-scale sports gaming operation' happened less than a month after the Supreme Court ruled that the federal law restricting single-game betting to Nevada was unconstitutional.

Type of wagering permitted: In-person
Notable prohibitions: No betting on games involving in-state college teams
Number of casinos (as of Dec. 31, 2019): 3
Population: 967,171 (726,161 21+)

3. New Jersey

On June 11, 2018, Gov. Phil Murphy signed the sports betting bill that had passed the previous week. A William Hill sportsbook at Monmouth Park took the first bets on Thursday, June 14 at 10:30 a.m. ET. Gov. Murphy was the first customer in line. The Borgata in Atlantic City booked sports bets 30 minutes later. Other sportsbooks in New Jersey opened soon thereafter. For example, FanDuel's first sportsbook at the Meadowlands opened its doors on July 14.

Type of wagering permitted: In-person and mobile
Notable prohibitions: No betting on games involving in-state college teams and collegiate events held within the state
Number of casinos (as of Dec. 31, 2019): 9
Population: 8,908,520 (6,634,683 21+)

4. Mississippi

Two casinos owned by MGM Resorts booked their first sports bets in Mississippi on Aug. 1, 2018. Mississippi enacted a new law in 2017 that allowed for sports betting pending a favorable decision by the Supreme Court. In June 2018, the Mississippi Gaming Commission adopted implementing regulations that require all betting to take place in person, with mobile wagering to be considered later.

Type of wagering permitted: In-person
Notable prohibitions: None
Number of casinos (as of Dec. 31, 2019): 29
Population: 2,986,530 (2,153,795 21+)

5. West Virginia

On Aug. 30, 2018, West Virginia became the fifth state to offer legal and regulated sports betting when the Hollywood Casino -- a sportsbook owned by Penn National -- opened its doors. The move came six months after the West Virginia legislature passed a new bill with the West Virginia Lottery Commission serving as the chief regulator.

Type of wagering permitted: In-person and mobile
Notable prohibitions: None
Number of casinos (as of Dec. 31, 2019): 5
Population: 1,805,832 (1,375,788 21+)

6. New Mexico

On Oct. 16, 2018, the Santa Ana Star Casino & Hotel booked its first sports bet in partnership with Nevada-based USBookmaking. Although New Mexico has not passed any new sports betting legislation since the Supreme Court's decision, the move by the Santa Ana Star Casino & Hotel was made via a gaming compact with the state. According to Nedra Darling, spokeswoman at the Department of the Interior's Office of Indian Affairs -- the federal agency in Washington, DC that oversees tribal gaming compacts -- the New Mexico compacts permit 'any or all forms of Class III Gaming,' a category in the federal regulations that specifically includes '[a]ny sports betting and pari-mutuel wagering.'

Type of wagering permitted: In-person
Notable prohibitions: No betting on games involving in-state college teams
Number of casinos (as of Dec. 31, 2019): 32
Population: 2,095,428 (1,529,540 21+)

7. Pennsylvania

The Hollywood Casino at Penn National Race Course booked the first legal sports bets in Pennsylvania in mid-November 2018. The move came just over a year after Gov. Tom Wolf signed a new sports betting bill as part of a broad legislation push that included online poker and DFS. The October 2017 bill became effective after the Supreme Court's May 2018 ruling upending the federal ban on single-game betting outside of Nevada.

Type of wagering permitted: In-person and mobile
Notable prohibitions: None
Number of casinos (as of Dec. 31, 2019): 12
Population: 12,807,060 (9,645,705 21+)

8. Rhode Island

The Twin River Casino in Lincoln opened its doors for legal sports betting on Nov. 26, 2018. The move came five months after Gov. Gina Raimondo signed the state budget, which included language allowing sports betting. Only two locations would be allowed to offer sports betting under the law, with the state's lottery providing regulatory oversight. In early 2019, the law was tweaked to provide for mobile betting.

Type of wagering permitted: In-person and mobile
Notable prohibitions: No betting on games involving in-state college teams
Number of casinos (as of Dec. 31, 2019): 2
Population: 1,057,315 (800,838 21+)

9. Arkansas

On July 1, 2019, the Oaklawn Racing Casino Resort booked the first legal sports bets in Arkansas. Two other retail locations opened sportsbooks in the subsequent months. Sports betting is regulated by the Arkansas Racing Commission.

Type of wagering permitted: In-person
Notable prohibitions: No betting on games involving in-state college teams
Number of casinos (as of Dec. 31, 2019): 3
Population: 3,013,825 (2,191,256 21+)

10. New York

On July 16, 2019, the first legal sports bets were placed in New York. J. Gary Pretlow -- a New York lawmaker and chair of the state's racing and wagering committee -- was among the first to place a wager at the Rivers Casino in Schenectady. The opening of a legal sportsbook came six years after New York passed a law to allow sports betting at four on-site locations, all in upstate New York. After lying dormant for years, the law was revived after the Supreme Court ruling in 2018 and the issuance of regulations earlier this year. The current law does not allow for mobile wagering.

Type of wagering permitted: In-person
Notable prohibitions: No betting on games involving in-state college teams
Number of casinos (as of Dec. 31, 2019): 28
Population: 19,542,209 (14,724,807 21+)

11. Iowa

Legal sports betting arrived in Iowa on Aug. 15, with multiple operators all opening their doors to customers on the first day. The move came three months after Iowa Governor Kim Reynolds signed into a law a comprehensive bill to legalize sports betting in the Hawkeye State. Operators must pay a $45,000 licensing fee and there is a 6.75 percent tax on revenue. The new law permits mobile wagering. Betting on college sports is permitted, but certain kinds of in-game prop bets involving college games are banned. The new law bestows the Iowa Racing and Gaming Commission with authority to regulate sports betting.

Type of wagering permitted: In-person and mobile
Notable prohibitions: No prop betting on in-state college athletics
Number of casinos (as of Dec. 31, 2019): 23
Population: 3,156,145 (2,286,374 21+)

12. Oregon

Legal sports betting returned to Oregon on Aug. 27 after a long hiatus, with the first bets booked on-site at the Chinook Winds Casino Resort in Lincoln City. Oregon is one of a small number of states that already had a law on the books permitting some forms of sports betting, so the resumption of wagering did not require the legislature to pass any new law or have the governor amend an existing tribal-state compact. In mid-October, mobile sports betting arrived in Oregon too, with the state-run lottery overseeing the launch of a new website and app.

Type of wagering permitted: In-person and mobile
Notable prohibitions: None at the Chinook Winds Casino Resort, but sportsbook operated by the Oregon Lottery does not permit betting on games involving in-state colleges
Number of casinos (as of Dec. 31, 2019): 10
Population: 4,190,713 (3,167,912 21+)

13. Indiana

Legal sports betting opened up at a number of locations in Indiana on Sept. 1. The Indiana Gaming Commission oversees all sports betting regulations and has issued licenses to operators across the state. Wagering on both college and pro sports is permitted, but betting on esports and high school sports is banned. Indiana's new law allows for both mobile and in-person wagering. Regulations permit sports leagues or colleges to request 'to utilize a geofence to prohibit wagers at the location of a particular sporting event.'

Type of wagering permitted: In-person and mobile
Notable prohibitions: No prop betting on in-state college athletics
Number of casinos (as of Dec. 31, 2019): 14
Population: 6,691,878 (4,842,337 21+)

14. New Hampshire

Governor Chris Sununo placed the ceremonial first legal sports wager -- on the New England Patriots -- in New Hampshire on Dec. 30, 2019. The state's lottery is in charge of regulatory of regulatory oversight. Both retail and mobile sports betting will be permitted on a wide variety of sports, although no betting on New Hampshire's in-state colleges is allowed.

Type of wagering permitted: Mobile
Notable prohibitions: No betting on in-state colleges
Number of casinos (as of Dec. 31, 2019): 0
Population: 1,356,458 (1,042,882 21+)

15. Illinois

Legal sports betting arrived in Illinois on March 9, 2020. The move came less than a year after the Illinois legislature passed a broad gaming bill that allowed for both online and in-person sports betting. With Governor J.B. Pritzker's signature, the new law also provided for betting on-location at venues such as Wrigley Field. Operators and certain data providers are required to obtain a license under the new law.

Type of wagering permitted: In-person and mobile
Notable prohibitions: No wagering on minor leagues or Illinois college teams
Number of casinos (as of Dec. 31, 2019): 10
Population: 12,741,080 (9,391,158 21+)

16. Michigan

Legal sports betting in Michigan commenced on March 11, 2020, with two Detroit-area casinos launching on the same day. The move came less than three months after Governor Gretchen Whitmer signed the 'Lawful Sports Betting Act' into law. The new law provides for wagering on a wide variety of sports, including college contests.

Type of wagering permitted: In-person and mobile
Notable prohibitions: None
Number of casinos (as of Dec. 31, 2019): 27
Population: 9.995,915 (7,428,72721+)

17. Montana

Legal sports betting arrived in Montana in March 2020. The move came after Governor Steve Bullock formally signed into law a 28-page bill that brought sports wagering to Big Sky country via the state's lottery. Governor Bullock cited the Montana Lottery's 'proven track record of responsibility and integrity' when signing the bill.

Type of wagering permitted: In-person
Notable prohibitions: None
Number of casinos (as of Dec. 31, 2019): 13
Population: 1,062,305 (793,151 21+)

18. Colorado

May 1, 2020 marked the launch of legal sports betting in Colorado, with multiple operators allowing residents to open accounts online and place wagers. The move came less than six months after Colorado voters -- by a narrow margin -- approved a ballot measure that would provide 'for the regulation of sports betting through licensed casinos.' Both mobile and retail sports betting are permitted. Tax revenue from sports betting will help fund various state water projects.

Type of wagering permitted: In-person and mobile
Notable prohibitions: None
Number of casinos (as of Dec. 31, 2019): 35
Population: 5,695,564 (4,210,663.00 21+)

Us Supreme Court Gambling

19. Washington, D.C.

In June 2020, the D.C. Lottery launched its 'GameBetDC' platform allowing consumers 'to wager while in the District on major sports worldwide' via computer or mobile device. Sports betting in nation's capital followed the passage of the Sports Wagering Lottery Amendment Act of 2018 and a Congressional review period during which time Congress did not formally object. The Office of Lottery and Gaming provides regulatory oversight of all sports wagering in D.C.

Type of wagering permitted: In-person and mobile
Notable prohibitions:No betting on games involving colleges located in D.C.
Number of casinos (as of Dec. 31, 2019):None
Population: 705,749

20. Tennessee

Regulated sports wagering -- all online -- launched on November 1, 2020 in Tennessee with four licensed operators offering a wide variety of options. The 'Tennessee Sports Gaming Act' permits statewide mobile sports betting without any brick-and-mortar anchor. As such, there are no in-person retail sports betting locations in the state. Subject to an exception, Tennessee's new law requires all licensed operators to 'exclusively use official league data for purposes of live betting.'

Type of wagering permitted: Mobile only
Notable prohibitions:None
Number of casinos (as of Dec. 31, 2019):None
Population: 6,829,174

On-deck circle

21. North Carolina

On July 26, 2019, Governor Roy Cooper signed into a law a bill to 'allow sports and horse race wagering on tribal lands,' with such betting designated as a 'Class III' gaming activity under the state compact. The new law permits betting on both college and professional sports, but all bettors must place their wagers in-person at one of two retail locations.

22. Washington

Governor Jay Inslee signed Washington's sports betting bill into law on March 25, 2020. The new law permits sports wagering at Class III tribal casinos in the state. Mobile sports wagering is not allowed statewide, but is permitted when on-site at a licensed tribal casino. Betting on an 'esports competition or event' is allowed, but the new law bans wagering on games involving in-state colleges or minor league professional events. The new bill delegates regulatory oversight to the Washington State Gambling Commission.

23. Virginia

After some back-and-forth between Governor Ralph Northam and the legislature, legalized sports wagering was approved in the Commonwealth of Virginia in April 2020. Online betting is allowed, but wagering is not permitted on Virginia-based college sports or certain youth sports.

24. Maryland

In November 2020, Maryland voters approved 'sports and events betting for the primary purpose of raising revenue for education' by about a 2-1 margin. A regulatory framework must be created by Maryland lawmakers before any sports wagering takes place. The Maryland referendum would potentially allow for both in-person and mobile sports betting throughout the state.

25. South Dakota

On November 3, 2020, voters in South Dakota approved a ballot measure permitting 'sports wagering in Deadwood.' Other tribal locations in South Dakota could see the arrival of regulated sports betting too. State lawmakers must now establish a regulatory apparatus and tax rate for legalized sports wagering.

26. Louisiana

In November 2020, voters in the vast majority of Louisiana's 64 parishes approved a ballot measure permitting 'sports wagering activities and operations.' As a result, regulated sports wagering could come to New Orleans and certain other cities as early as 2021. Lawmakers will be tasked with setting up a regulatory scheme during an upcoming state legislative session.

Moving toward legalization

All of these states have seen some degree of legislative activity towards the legalization of sports betting the past few years.

27. Oklahoma

In April 2020, two federally-recognized tribes reached agreement with Oklahoma Governor Kevin Stitt on new gaming compacts that include sports betting. On June 8, 2020, Governor Stitt announced that the Department of the Interior had approved the compacts, paving the way for sports betting to start in Oklahoma as soon as the 'compacts are published in the Federal Register.' A bipartisan group of state lawmakers, along with Oklahoma's attorney general, have expressed opposition to the expansion of sports betting in Oklahoma and the prospect of legalized sports wagering remains uncertain.

28. Maine

On the last day of the state's 2019 legislative session -- June 19 -- Maine lawmakers passed 'An Act to Ensure Proper Oversight of Sports Betting in the State.' Shortly thereafter, the governor vetoed the bill. The legislature could re-introduce the bill later.

29. Nebraska

On November 3, 2020, Nebraska voters approved certain amendments to its state constitution legalizing 'all games of chance.' If the new constitutional amendments are construed to include wagering on sporting events, legalized sports betting could arrive in Nebraska upon the establishment of certain regulations.

30. Connecticut

31. Kentucky

32. Massachusetts

33. Minnesota

34. Missouri

35. Kansas

36. South Carolina

37. California

39. Ohio

40. Arizona

41. Hawaii

42. Texas

43. Georgia

44. Vermont

45. Alabama

46. Florida

47. Alaska

48. Wyoming

No legalization activity ... yet

49-50. Idaho and Wisconsin

These states have not had any publicly-announced bills devoted to sports betting legalization.

Unlikely

51. Utah

Utah's anti-gambling stance is written into the state's constitution. Any change to existing state policy toward gambling would be a massive departure from decades of opposition to any form of gambling, including lottery tickets, table games and sports betting.

Baxter v. United States, 633 F. Supp. 912 (D. Nev. 1986),^[1] was a federal tax refund case, decided in 1986, regarding the U.S. federal income tax treatment of the gambling income of a professional gambler. Because of this case, gambling winnings in the United States can in certain cases be treated as business income for federal income tax purposes. This means that in some cases expenses and losses can be deducted from gambling winnings in arriving at the net earnings from self-employment, and that winnings can be placed into retirement funds.

History[edit]

William E. (Billy) Baxter, Jr., had been a gambler since the age of fourteen. For the tax years in question (years 1978 through 1981), both Baxter and the government agreed that Baxter was engaged in the activity of gambling as a 'professional gambler.'^[1] The parties agreed that Baxter devoted a substantial amount of time to his gambling activity,^[1] which was poker. Baxter was a pioneer in professional poker who later went on to win seven World Series of Pokerbracelets. He was inducted into the Poker Hall of Fame in 2006. Between 1978 and 1981, Baxter claimed $1.2 million in gambling winnings.

Background[edit]

To Baxter, the 50% versus 70% maximum marginal tax rates meant the difference of $178,000. At first, Baxter refused to pay. His Certified Public Accountant, E.J. Maddocks, advised Baxter that to avoid potential penalties and interest, Baxter should instead pay the tax asserted by the government, and later sue the government for a tax refund.^[2]

The preliminary issue presented to the trial court was whether Baxter, as a professional gambler, was engaged in a 'trade or business' for federal income tax purposes.^[1] If Baxter was engaged in a trade or business, then his income would be taxed at what was then a maximum rate of 50% for 'personal service income' (as that term was defined in the Internal Revenue Code at the time). If, however, Baxter was not engaged in a trade or business, the income would not be 'personal service income,' and the maximum tax rate would be 70%. The tax law at the time defined 'personal service income' to be 'earned' income within the meaning of what was then section 911(b) of the Internal Revenue Code.^[1] The court noted that 'if Baxter derived his gaming income actively from his expenditure of time, energy, and skill rather than passively from his use of his property, then his gaming income constitutes 'earned income'.'^[1]

The trial court analyzed two alternative tests for determining whether an activity constitutes a 'trade or business' for federal income tax purposes: the 'goods and services' test, and the 'facts and circumstances' test.^[1] The government conceded that if the 'facts and circumstances' test was the appropriate test, then Baxter's activity would constitute a trade or business, resulting in the lower tax rate and a lower tax liability.

Trial court ruling[edit]

The Nevada judge who heard the case ruled in favor of Baxter, declaring 'I find the government's argument to be ludicrous. I just wish you had some money and could sit down with Mr. Baxter and play some poker.'^[3]

The court stated:

[ . . . ] the Court finds that capital was not a meterial [sic]-income-producing factor in Baxter's gaming income. In fact, the Court finds that Baxter's income was derived entirely from his personal services and that the capital he used to finance his poker playing was merely a 'tool of the trade.' The money, once bet, would have produced no income without the application of Baxter's skills. [ . . . ] it was Baxter's extraordinary poker skills which generated his substantial gaming income, not the intrinsic value of the money he bet.^[4]

The trial court ruled in favor of Baxter's claims for tax refunds.^[1]

Appeal[edit]

When the government appealed the ruling to the Ninth CircuitCourt of Appeals, that court ruled in Baxter's favor.^[3] The government threatened to take the case to the United States Supreme Court, but eventually backed down.^[3]

Impact[edit]

Because of this case, gambling winnings in the United States can be treated as earned income for federal income tax purposes, depending on the facts and circumstances of the case. This means that in some cases expenses and losses can be deducted from gambling winnings in arriving at the net earnings from self-employment, and that winnings can be placed into retirement funds.

The case of Baxter v. United States is currently being cited by opponents of the Unlawful Internet Gambling Enforcement Act (UIGEA). Opponents of the UIGEA argue that because poker is a game of skill, the UIGEA does not apply to online poker sites.^[5]

Other countries[edit]

Russia and Denmark have similarly declared poker to be a game of skill. In the Gutshot Poker Club case in England, the court ruled poker to be a game of luck and so subject to the Gaming Act (though this is currently^[when?] under appeal).^[6]

Notes[edit]

1. ^ ^abcdefghBaxter v. United States, 633 F. Supp. 912 (D. Nev. 1986).
2. ^Sexton, Mike (August 9, 2005). 'Billy Baxter - The Man Who Made a Difference - He went heads up against the IRS - and won'. Cardplayer Magazine. Retrieved June 26, 2015.
3. ^ ^abcSexton, Mike (August 9, 2005). 'Billy Baxter - The Man Who Made a Difference - He went heads up against the IRS - and won'. Cardplayer Magazine. Retrieved March 1, 2008.
4. ^Baxter, 633 F. Supp. at 918-19.
5. ^Bromberg, Gene This Guy Is A U.S. Senator? GeneBromberg.com May 1, 2007 Accessed 1 March 2008.
6. ^Hintze, Haley. 'Skill vs. Chance' Battle Looms in Pennsylvania Poker Case PokerNews. August 21, 2007. Accessed 1 March 2008

See also[edit]

External links[edit]

• Text of Baxter v. United States, 633 F. Supp. 912 (D. Nev. 1986) is available from: CourtListenerGoogle ScholarJustia

Us Supreme Court Ruling On Gambling