26 U.S.C. § 4421

Definitions

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For purposes of this chapter—(1) WagerThe term “wager” means—(A) any wager with respect to a sports event or a contest placed with a person engaged in the business of accepting such wagers,(B) any wager placed in a wagering pool with respect to a sports event or a contest, if such pool is conducted for profit, and(C) any wager placed in a lottery conducted for profit.(2) LotteryThe term “lottery” includes the numbers game, policy, and similar types of wagering. The term does not include—(A) any game of a type in which usually(i) the wagers are placed,(ii) the winners are determined, and(iii) the distribution of prizes or other property is made, in the presence of all persons placing wagers in such game, and(B) any drawing conducted by an organization exempt from tax under sections 501 and 521, if no part of the net proceeds derived from such drawing inures to the benefit of any private shareholder or individual.(Aug. 16, 1954, ch. 736, 68A Stat. 528.)
Notes of Decisions
Cited in 21 cases, 1959–2000 · leading case: Chickasaw Nation v. United States, 208 F.3d 871 (10th Cir. 2000).
Chickasaw Nation v. United States, 208 F.3d 871 (10th Cir. 2000). · cites it 6× “§ 4421 , (2) it is not a “person” subject to federal wagering excise taxes, (3) the Indian Gaming Regulatory Act (IGRA) demonstrates Congress’ intent not to subject Indian gaming activities to federal wagering excise taxes, and (4) the self-government guarantee of the 1855…”
Knights of Columbus Council 3660 v. United States, 783 F.2d 69 (7th Cir. 1986). · cites it 3× “§§ 4401 and 4411(b), by virtue of 26 U.S.C. § 4421 (2)(B). It also ruled that the government is not estopped to assess the taxes retroactively back to 1972.”
United States v. Sams, 219 F. Supp. 164 (W.D. Pa. 1963). · cites it 2× “The argument turns upon the construction of 26 U.S.C.A. § 4421 defining the term “wager”.”
Little Six, Inc. & Shakopee Mdewakanton Sioux (Dakota) Cmty. v. United States, 229 F.3d 1383 (Fed. Cir. 2000). · cites it 2× “3d at 883 ; 26 U.S.C. § 4421 . For example, chapter 35 itself explicitly states that its definitions of wagers and lotteries apply only “for purposes of [chapter 35],” 26 U.”
David Bohn v. United States, 260 F.2d 773 (8th Cir. 1959). “” Section 4421, Internal Revenue Code of 1954, ( 26 U.S.C.A. § 4421 ) defines “wager” as follows: “(1) Wager.”
John Owen Tyler v. United States, 397 F.2d 565 (5th Cir. 1968). “* * * ” (2) 26 U.S.C. § 4421 “For purposes of this chapter— (1) Wager.”
Rochester Liederkranz, Inc. v. United States, 456 F.2d 152 (2d Cir. 1972). · cites it 2× “” The controversy to be resolved here, however, stems not from the phraseology of either of those sections but from the language of section 4421, 26 U.S.C. § 4421 , which defines the term “wagers” as used in section 4401.”
Augusta Golf Ass'n, Inc. v. United States, 338 F. Supp. 272 (S.D. Ga. 1971). · cites it 2× “The statute defines wager as “any wager with respect to a sports event or a contest placed with a person engaged in the business of accepting such wagers” as well as “any wager placed in a wagering pool with respect to a sports event or a contest, if such pool is conducted for…”
Tripodi v. Morgenthau, 213 F. Supp. 735 (S.D.N.Y. 1962). “1961), the complaint stated that Richard Roe was engaged in the business of accepting wagers as defined in 26 U.S.C. § 4421 and receiving wagers for or on behalf of a person liable for the tax on wagers imposed by 26 U.”
United States v. Bonnet, 247 F. Supp. 415 (E.D. La. 1965). “Count III charges that on or about January 22, 1965, in the Eastern District of Louisiana, the three named defendants did knowingly, wilfully and unlawfully engage in the business of accepting wagers as defined in 26 U.S.C. § 4421 (1) (a), without first having paid a special…”
United States v. DiPrimio, 209 F. Supp. 137 (W.D. Pa. 1962). · cites it 4× “” The “house that Jack built” is completed by noting the inclusions and exclusions ordained by the definition given by 26 U.S.C. § 4421 . 6 We are particularly concerned in the case at bar with the express inclusion of the “numbers” racket; and with the express exclusion of “any…”
United States v. Kowal, 197 F. Supp. 401 (D.R.I. 1961). “This is a criminal information wherein the defendant is charged with having engaged in the business of accepting wagers as defined in 26 U.S.C.A. § 4421 without having paid the special occupational tax in violation of 26 U.”
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