- 7 - in 1989. We disagree. A taxpayer constructively receives income when he has an unqualified, vested right to receive immediate payment. Childs v. Commissioner, supra; Martin v. Commissioner, supra. Petitioner did not accept an offer to buy the right to receive his future lottery winnings. An unaccepted offer to buy a future income stream gives a taxpayer no right to the proceeds from a sale of that income stream. Accordingly, petitioner did not constructively receive all of his lottery winnings in 1989. Petitioner contends in his opening brief that Cowden v. Commissioner, T.C. Memo. 1961-229, and Sainte Claire Corp. v. Commissioner, T.C. Memo. 1997-171, affd. without published opinion sub nom. Boccardo v. Commissioner, 164 F.3d 629 (9th Cir. 1998), support his contention that he constructively received all of the lottery winnings in 1989 when he received offers to buy the future lottery payments. We disagree. In Cowden, the Court held that the contract right to deferred bonus payments under an oil and gas lease was the equivalent of cash and thus taxable as if cash had been received by the taxpayer because the obligation of the payor was an unconditional and assignable promise to pay by a solvent obligor, was of a kind that was frequently transferred to lenders or investors at a discount not substantially greater than the generally prevailing premium for the use of money, and was readily convertible to cash. Cowden is distinguishable because petitioner did not have the option toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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