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      Finance

      Sen. Lankford’s Opposition Threatens Effort to Fix Gambling Tax

      Oklahoma senator pushes back on reversing a new rule that lets the IRS tax phantom income, complicating efforts by House lawmakers

      By Jeff Edelstein

      Last updated: January 6, 2026

      1 min

      Gamblers hoping for a quick reversal of the provision in President Donald Trump’s long-passed One Big Beautiful Bill that limits gambling-loss deductions to 90% — down from the long-standing 100% — may be in for a long wait.

      According to Punchbowl News, Sen. James Lankford (R-OK) is opposed to rolling the deduction back to its previous level.

      “It’s not an unrealistic change,” Lankford said of the provision, according to the report. “It’s a pretty minor change in that tax policy.”

      New: The push to reverse the OBBB’s tax hike on gamblers has hit a snag

      Sen. LANKFORD told us he’s opposed to restoring the 100% deduction for losses on bets

      “It’s not an unrealistic change,” he said of OBBB. “It’s a pretty minor change in that tax policy.”

      More in the Vault https://t.co/UfyvzR3h0D

      — Laura Weiss (@LauraEWeiss16) January 5, 2026

      For gamblers, however, the change is anything but minor. In fact, it creates a scenario in which a bettor can lose money overall and still owe federal income taxes.

      Under the new rule, a gambler who reports $100,000 in winnings and $100,000 in losses would be allowed to deduct only $90,000 of those losses. The IRS would treat the remaining $10,000 as taxable income, even though the bettor broke even.

      At the standard 24% federal tax rate, that results in a $2,400 tax bill on zero net profit.

      The impact doesn’t stop there. Even modestly profitable bettors would be hit hard. A gambler who wins $101,000 and loses $100,000 would owe $2,640 in taxes (on the $1,000 net win and the $10,000 of non-deductible loss) under the provision, more than double what they actually made.

      And the bigger the numbers get, the more problematic for a professional gambler. A gambler who turns a tidy $100,000 profit on $1 million in winnings vs. $900,000 in losses would find themselves being allowed to deduct only $810,000, meaning they’d be paying taxes on $190,000 instead of $100,000.

      Getting lanky

      Lankford sits on the Senate Finance Committee, where the deduction cap originated. That same committee is currently holding the FULL HOUSE Act, introduced by Sen. Catherine Cortez Masto (D-NV), which would repeal the cap entirely.

      Lankford also told Punchbowl this summer that he had worked on the gambling tax provision at one point but wouldn’t claim credit for final decision on it. https://t.co/q2dsuraRo7

      — Fairplaygov (@fairplaygov) January 5, 2026

      In the House, Rep. Dina Titus (D-NV) has introduced the FAIR BET Act, which would restore the full deduction and already has bipartisan support. Even so, the bill has yet to receive a hearing in the Ways and Means Committee. A third proposal, the WAGER Act, was introduced by Rep. Andy Barr (R-KY) and would accomplish the same thing.

      Despite rare bipartisan agreement, along with support from lawmakers in states with significant gambling industries, none of the three bills has advanced in 2026. For now, the 90% cap remains in place, leaving gamblers to navigate a tax regime where breaking even can still mean losing money.

      And with a key Senate Finance Committee member publicly downplaying the impact, that reality may be the new normal for a while.

      I spoke with poker legend @Erik_Seidel about the negative impact of leaving the tax deduction for gambling losses at 90%.

      Despite what some of my colleagues like @SenatorLankford believe, inaction will have serious, concrete consequences on the gaming industry and economy across… pic.twitter.com/GFnDBsXqvY

      — Dina Titus (@repdinatitus) January 6, 2026

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