Augustin B. Jombo - Page 8




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          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.                               






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