Estate of Emerson Winkler, Deceased, Thomas Winkler and Darrell S. Winkler, Co-Executors, et al. - Page 27

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                  Considering all of the facts and circumstances, we                   
             find that each of the Winkler family members did in fact                  
             "own" a capital interest in the partnership prior to the                  
             time Mrs. Winkler purchased the winning ticket.  Each                     
             member of the family contributed capital in the form of                   
             dollar bills to purchase Lotto tickets on more than one                   
             occasion.  Each member of the family, except for                          
             Mr. Winkler, also contributed services on more than one                   
             occasion by going into the store to purchase the tickets.                 
             The family agreed among themselves that these contributions               
             of capital and services were of such value to the                         
             partnership that the contributing family members should                   
             share in any winnings.  They also agreed to joint                         
             proprietorship and control over the tickets, and they                     
             agreed to share the proceeds of any winning ticket.                       
             Finally, each of the Winkler family members was treated                   
             as a partner at all times during the operation of the                     
             partnership.  For example, each member of the family                      
             attended the meetings with Mr. Oehler and Mr. Turner and                  
             had a say in formulating the written partnership agreement.               
             Under these circumstances, we find that each of the family                
             members actually owned a partnership interest as required                 
             by section 704(e).  Sec. 1.704-1(e)(2), Income Tax Regs.                  
             Cf. Commissioner v. Culbertson, 337 U.S. 733 (1949); S & M                





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