Estate of Gladys J. Cook - Page 7




                                        - 7 -                                         
          partnership, the partnership’s right to receive the lottery                 
          payments must be assigned a value.  Sec. 20.2031-3, Estate Tax              
          Regs.                                                                       
               The sole issue for our consideration is whether the                    
          partnership’s right to a fixed stream of lottery payments should            
          be valued using the annuity tables in section 20.2031-7, Estate             
          Tax Regs.  As an initial matter, the estate argues that the                 
          partnership’s right to receive lottery payments is not an                   
          annuity.  Respondent argues that the partnership’s right to                 
          receive lottery payments is an annuity which must be valued using           
          the annuity tables.  At the time the petition was filed in this             
          case, that question had not been addressed by this Court.                   
          However, the question of whether lottery payments should be                 
          treated as an annuity was recently answered in Estate of                    
          Gribauskas v. Commissioner, 116 T.C. 142 (2001), a case involving           
          substantially similar circumstances to those before us.                     
               In Estate of Gribauskas, the decedent and his former spouse            
          won a Connecticut Lotto prize.  Within a year after winning the             
          lottery they divorced, and soon after, the decedent died owning             
          the right to receive half of 18 annual, unassignable,                       
          nontransferable payments that could not be distributed in one               
          lump sum.  The estate elected an alternate valuation date of                
          December 3, 1994.                                                           








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011