Skill vs. Chance, Pennsylvania Poker Case
Burns is being investigated for tournaments run since april, including an event at the Seward Volunteer Fire Hall that was raided on August 3rd.Burns had his home and Latrobe office searched by state police. Some items seized under search warrants which remain under seal.
Burns kept his own attorney in the matter and filed court documents seeking the return of the confiscated cash and property.
Pittsburgh Tribune-Review quotes Burns ,"I like to play Texas Hold'em, and I enjoy holding Texas Hold'em tournaments. I do not believe my activities are illegal. But I was more or less told I will be arrested."
Burns has not been arrested yet. Court records show him filed under investigation for violating the state gambling statute, a misdemeanor. Poker is not stated in the statute, which raised the skill -vs.-chance argument. A main factor is the non-uniformity of Pennsylvania prosecutors concerning poker.Burns did admit to making a profit from running the events.
Court cases and decrees concerning the skill-vs.-chance nature of poker have been tested in several countries.A Russian decree established poker as an official sport.A danish case also affirmed the skill element of poker. Although, the Gutshot case in the UK went against poker as a skill game.
The U.S. can approach the arguement on both state and federal levels. Federal case law concerning poker dating back to the 1986 William E. Baxter Jr. vs. the United States decision, Billy Baxter won the right to declare his winnings as 'earned income'rather than as unearned income ..which would have meant a much higher rate of taxation.
The original judge in that case said,"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."