- 28 - Plumbing Co. v. Commissioner, 55 T.C. 702 (1971); Wheeler v. Commissioner, T.C. Memo. 1978-208. The second factual question is whether Mrs. Winkler purchased the winning Lotto ticket on behalf of the pre- existing family partnership. Courts typically focus on the facts and circumstances surrounding the purchase of a lottery ticket, including the intent and understanding of the parties at the time of purchase, to determine ownership of the proceeds of the ticket for income tax purposes. See, e.g., Tavares v. Commissioner, 275 F.2d 369 (1st Cir. 1960), affg. 32 T.C. 591 (1959); Schultz v. Commissioner, T.C. Memo. 1977-67; Dowling v. Commissioner, T.C. Memo. 1959-169; Chelius v. Commissioner, T.C. Memo. 1958-29. For example, where a taxpayer purchases a lottery ticket with the intent and understanding that the proceeds will be shared with one or more other persons, the courts have treated the proceeds of the ticket as income to the recipients rather than as income to the purchaser. Solomon v. Commissioner, 25 T.C. 936 (1956); Huntington v. Commissioner, 35 B.T.A. 835 (1937); Droge v. Commissioner, 35 B.T.A. 829 (1937); Dowling v. Commissioner, T.C. Memo. 1959-169; Chelius v. Commissioner, supra. This is true even though the agreement to divide proceeds is void and unenforceable. Tavares v. Commissioner, supra; DowlingPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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