- 9 - that petitioners received from Singer constitutes ordinary income because petitioners received that amount in exchange for their future right to receive ordinary income. In support of petitioners’ position that the $1,040,000 that they received from Singer constitutes capital gain, petitioners rely on Ark. Best Corp. v. Commissioner, 485 U.S. 212 (1988). In support of respondent’s position that that amount constitutes ordinary income, respondent relies on the principle established in the following cases: Hort v. Commissioner, 313 U.S. 28 (1941); Commissioner v. P.G. Lake, Inc., 356 U.S. 260 (1958); Commissioner v. Gillette Motor Transp., Inc., 364 U.S. 130 (1960); and United States v. Midland-Ross Corp., 381 U.S. 54 (1965). Petitioners concede that, before the Supreme Court of the United States (Supreme Court) decided Ark. Best Corp. v. Commis- sioner, supra, the line of cases on which respondent relies would have precluded characterizing petitioners’ right to receive future annual lottery payments as a capital asset within the meaning of section 1221. However, according to petitioners, Ark. Best Corp. effectively overruled that line of cases and requires the result in the instant case that they advocate. Respondent disputes petitioners’ reading of Ark. Best Corp. v. Commissioner, supra. We agree with respondent’s reading of Ark. Best Corp. v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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