- 6 - out that he had the opportunity to sell his future winnings, but he decided not to do so. He contends that he constructively received payment of all of his lottery winnings in 1989 because he had an unqualified vested right to sell his future lottery payments in 1989. We disagree for reasons stated next. 1. Whether Petitioner Constructively Received All of His Lottery Winnings in 1989 A cash method taxpayer generally recognizes an item of gross income when it is actually or constructively received. Secs. 1.446-1(c)(1)(i), 1.451-2(a), Income Tax Regs. A cash method taxpayer constructively receives funds if the taxpayer has an unqualified, vested right to receive immediate payment. Childs v. Commissioner, 103 T.C. 634, 654 (1994), affd. without published opinion 89 F.3d 856 (11th Cir. 1996); Martin v. Commissioner, 96 T.C. 814, 823 (1991); Jerome Castree Interiors, Inc. v. Commissioner, 64 T.C. 564, 568 (1975), affd. without published opinion 539 F.2d 714 (7th Cir. 1976). The NYSL did not offer to pay petitioner all of his lottery winnings in 1989. Thus, petitioner did not constructively receive all of his NYSL lottery winnings from the NYSL in 1989. 2. Whether Petitioner Constructively Received Winnings Because He Could Have Sold the Right To Receive Future Lottery Payments in 1989 Petitioner contends that he constructively received all of his lottery winnings in 1989 because he could have sold the right to receive his future lottery payments at a 50-percent discountPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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