Augustin B. Jombo - Page 7




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          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 to               






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