Augustin B. Jombo - Page 4




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               Augustin B. Jombo had diplomatic status when he won the                
               New York Lottery in 1989.  His winnings are being paid                 
               out over a twenty-year period.  Prior audits have                      
               denied Mr. Jombo gambling losses against his lottery                   
               winnings under Reg. 1.165-10.  The Internal Revenue                    
               Service Agent in charge of the audit ruled that Mr.                    
               Jombo was considered to have won the lottery in 1989,                  
               which is the only year he is considered to have                        
               “gambling winnings.”  Therefore, since all his gambling                
               winnings were considered to have taken place in 1989,                  
               his diplomatic status would exempt his lottery winnings                
               from income taxation.  Mr. Jombo should not have to                    
               pick up gambling winnings from the twenty-year payout                  
               as taxable income, because he won the lottery in 1989                  
               when he had diplomatic status.                                         
               Petitioner claimed a $4,237 net operating loss (NOL) on his            
          1996 return.  In a separate statement attached to his 1996                  
          return, petitioner identified the NOL as a “net operating loss              
          carryover”, but he did not state from which year or years he was            
          carrying the loss.  Respondent sent petitioner a letter dated May           
          7, 1998, informing him that his 1996 Federal income tax return              
          had been selected for examination.                                          
                                       OPINION                                        
          A.   Petitioner’s Contentions                                               
               Petitioner contends that:  (1) Respondent bears the burden             
          of proof for all issues; (2) he is not liable for tax on his 1996           
          lottery payment because he constructively received all of his               
          lottery winnings in 1989 when he was a tax-exempt employee of the           
          Nigerian Consulate General; (3) his 1996 lottery winnings are a             
          nontaxable annuity; (4) he is entitled to a net operating loss              
          carryover deduction of $4,237 in 1996; and (5) he is not liable             






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