Estate of Emerson Winkler, Deceased, Thomas Winkler and Darrell S. Winkler, Co-Executors, et al. - Page 29

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             v. Commissioner.  As this Court stated in Dowling v.                      
             Commissioner, supra:                                                      

                  The rule regularly applied in such circumstances                     
                  is that where a ticket on a lottery is purchased                     
                  in the name of one of two persons and they agree                     
                  prior to the drawing to share any winnings, each                     
                  person is taxable only upon his agreed share                         
                  provided that the nominal owner in fact divides                      
                  the proceeds in accordance with their agreement,                     
                  even though the agreement be void and unenforce-                     
                  able.  * * * [Dowling v. Commissioner, supra                         
                  (citations omitted).]                                                

                  The facts in this case are that Mrs. Winkler did not                 
             normally play games of chance, and she never purchased                    
             Lotto tickets other than the family tickets purchased in                  
             the presence of other family members.  She purchased the                  
             winning Lotto ticket as one of three "family tickets" on                  
             March 4, 1989, while she was with her daughter, Charlotte.                
             She took the tickets home and placed them in a glass bowl                 
             in the china cupboard, as was customary for family tickets.               
             Based upon the record in this case, we find that                          
             Mrs. Winkler purchased the winning Lotto ticket on behalf                 
             of the family partnership and not as her sole property.  In               
             making this finding, we are mindful of Mrs. Winkler's gift                
             tax return in which she took the position that she made                   
             gifts to her children of the value of the ticket prior to                 
             the time it was determined to be the winner (i.e., $.10 to                
             each child).  However, we accept Mrs. Winkler's testimony,                




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