Originally Posted by
redietz
Regnis and Dan, I'm relying on you two to verify and modify this, but this is my understanding. I'm not sure my late cousin, E.R. Dietz, explained this to me properly, but he seemed to know what he was talking about.
Mickeycrimm is more right than wrong. You should not, as an individual, file as a professional gambler unless it is your sole income-producing, full-time endeavor. The gambling is supposed to be full-time and to the exclusion of all other income-producing activities. Now, there is a recommended way to sidestep this, but it almost certainly requires other people unless you had a verifiable history of winning at gambling.
This, of course, begets the question, "How could any individual who lost money gambling five or six or seven years consecutively as an 'AP' be approved for a professional label as a sole individual without using the sidestepping technique?" The short answer is that the individual cannot, as all that has been established is that the individual has a consistently money-losing hobby. If there had been a windfall gambling, it's conceivable (not likely, but conceivable) that income averaging and a redefinition as a professional gambler could possibly be argued retroactively, but income averaging for everyone but farmers and fishermen ended in 1987. So anything like this would have had to occur prior to 1988.