- 7 - fact that the lotteries produced “easy” money for Lucky does not equate to a passive role for Lucky. The contracts between Lucky and the site organizations contained only minimal references to the Keno lottery equipment. Lucky’s name was included in the brochures advertising the Keno lotteries. Funds representing the large payoffs were held and distributed by Lucky to the winning players. Lucky also made the distributions to the municipalities, to the State of Nebraska, and to the site organizations. Lucky’s rights and obligations under the contracts with the municipalities relating to the Keno lotteries were nonassignable. The activities of the site organizations under the contracts with Lucky were dependent on Lucky’s contracts with the municipalities and did not sufficiently alter Lucky’s involvement in the lottery operations to qualify Lucky’s activity as a nonbusiness, passive investment activity. We conclude that Lucky’s Keno lottery activity constituted a trade or business and that petitioners’ respective shares of Lucky’s income are subject to self-employment tax. To reflect the foregoing, Decisions will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011