Curtis and Marie Bennett - Page 7




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          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.                          










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