Bingo. This is one of the arguments for "Game of Skill." A bigger one is that the IRS allows you to declare yourself a professional poker player and write off your losses as a business expense! Note that you can not write off losing lottery tickets, since that very different form of gambling is seen as a game of chance.
In oher words, the IRS sees poker as a game of skill.
One of the big problems here though, is that's at the Federal Level... and I believe if a state decided to make poker illegal (or gay marriage or whatever), they have that right.
Proposition whatever the heck it is may never get through, but 2Tone may still be screwed in Washington State.
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