- 2 - 20 equal annual installments beginning in 1989. In 1996, petitioner received $1,238,100 as lottery winnings, and he no longer worked for the Nigerian Consulate General. He disclosed his lottery winnings on his 1996 income tax return and claimed that the winnings were not taxable in 1996 because, inter alia, he was employed by the Consulate General of Nigeria when he won the lottery. Following a concession by petitioner, the issues for decision are: 1. Whether petitioner bears the burden of proof. We hold that he does. 2. Whether petitioner constructively received all of his lottery winnings in 1989. We hold that he did not. 3. Whether petitioner may exclude the lottery winnings he received in 1996 because he was employed by the Consulate General of Nigeria in 1989 when he won the lottery. We hold that he may not. 4. Whether petitioner had a $4,237 net operating loss carried over to 1996. We hold that he did not. 5. Whether petitioner is liable for the accuracy-related penalty under section 6662 for 1996. We hold that he is not to the extent described below. Unless otherwise provided, section references are to the Internal Revenue Code in effect for the applicable years, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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