Originally Posted by Henry17
He is wrong. It isn't even a question. There is so much case law on this that any lawyer who would claim professional gambling is not taxable would be disbarred for incompetence.
I think that you're wording this too strongly. Based on the legal document that I received there haven't been any successful tax cases against professional gamblers since the 1950s, and even those had extenuating circumstances (inside info or on games with a higher skill to luck ratio than poker). In the meantime the CRA has lost a bunch of seemingly very winnable cases against pro gamblers. Granted, apparently there have been cases settled out of court against gamblers which (I'm guessing) aren't on public record. Eventually they will probably win an open and shut case against a poker player and then set a clearer precedent. But there still seems to be a possibility that the judge will disagree and set the opposite precedent.
I mean, you're the lawyer, so your opinion means more than mine. I'm just saying it doesn't appear to be as open as shut as you claim. That said, every accountant or tax lawyer I've talked to has concluded that full time pro gamblers are taxable. So I'm moving out of this country to somewhere with clear and favourable laws on this subject.