- 8 - receive a lump-sum payment from the NYSL or an enforceable promise to pay a lump sum.1 The taxpayer in Sainte Claire Corp. v. Commissioner, supra, owned a promissory note that was due on November 1, 1988. On November 1, 1988, the taxpayer corporation and the borrower negotiated an extension of the note to April 1, 1990. We held that the taxpayer corporation constructively received the principal owed on the promissory note when it became due on November 1, 1988, because, on that date, the taxpayer had an unrestricted right to receive the income, the taxpayer was able to collect it, and the failure to receive it was due to the taxpayer’s own choice. Sainte Claire Corp. is distinguishable from this case because petitioner never had the right to receive the 1996 lottery installment in 1989. We conclude that petitioner did not constructively receive his 1996 payment from the NYSL in 1989 and that the 1996 NYSL payment is taxable in 1996. 1 Petitioner conceded in his reply brief that Cowden v. Commissioner, T.C. Memo. 1961-229, and the cash equivalency and economic benefit doctrines do not support his contention that he received all of the lottery winnings in 1989.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011