Ismat M. Abeid - Page 10

                                       - 10 -                                         
          acquired.”  Sec. 301.6323(h)-1(f)(3), Proced. & Admin. Regs.; see           
          also Estate of Frothingham v. Commissioner, 60 T.C. 211, 215                
          (1973)(for estate tax purposes, “adequate and full consideration            
          in money or money’s worth” generally means consideration of                 
          “equivalent amount” to the property transferred for it).                    
               Petitioner contends that the consideration element of the              
          treaty definition has been met here by virtue of the fact that              
          the California State Lottery received “adequate and full                    
          consideration” for the payments made to petitioner from all                 
          purchasers of tickets for the lottery he won.  According to                 
          petitioner, the terms of the treaty do not require that the                 
          recipient of the lottery payments be the source of the                      
          consideration; rather, it is sufficient if the payor (California            
          State Lottery) received adequate and full consideration from any            
          source-–in this case, the other purchasers of lottery tickets.              
               We do not believe petitioner’s theory comports with the                
          language of the treaty.  The California State Lottery’s                     
          “obligation” to make the payments at issue was not “in return               
          for” any consideration provided by the nonwinning purchasers of             
          lottery tickets.  The consideration provided by these purchasers            
          was in return for, and fully expended for, a chance to win the              
          lottery; i.e., a wager.  Cf. Goldman v. Commissioner, 46 T.C.               
          136, 139 (1966)(purchase price of a lottery ticket is                       
          consideration expended for chance to win, not a contribution to             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011