Peter U. and Mary M. Boehme - Page 1
















                                 T.C. Memo. 2003-81                                   


                               UNITED STATES TAX COURT                                


                     PETER U. AND MARY M. BOEHME, Petitioners v.                      
                     COMMISSIONER OF INTERNAL REVENUE, Respondent                     


               Docket No. 6668-00.              Filed March 20, 2003.                 


                    M (who together with her husband, P, filed joint                  
               returns for the audit years) assigned her right to                     
               receive certain future annual lottery payments in                      
               exchange for a lump-sum payment to her by W of                         
               $400,000.  M used $250,000 of the $400,000 to repay                    
               loans to M, which had been secured by the future annual                
               lottery payments.  Of the $250,000, $186,000                           
               represented repayment of the outstanding principal                     
               amount of the loans and the $64,000 balance qualified                  
               as the payment of interest.                                            
                    1.  Held: M’s right to receive certain future                     
               annual lottery payments does not constitute a capital                  
               asset.  Davis v. Commissioner, 119 T.C. 1 (2002)                       
               followed.                                                              
                    2.  Held, further, the $400,000 that M received                   
               from W is ordinary income.                                             







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