- 7 - Discussion I. The Capital Gain Issue The issue in dispute is whether the $400,000 that Mary received in exchange for her assignment of the 12 future lottery payments to Woodbridge is ordinary income or long-term capital gain. Resolution of that issue depends upon whether Mary’s right to receive the 12 future lottery payments constitutes a capital asset within the meaning of section 1221. The question of whether the right to receive future lottery payments, which represent a portion of the total anticipated payout, constitutes a capital asset does not present an issue of first impression. In Davis v. Commissioner, 119 T.C. 1 (2002), we held that the right to receive such payments does not constitute a capital asset within the meaning of section 1221.4 In that case, we provided a thorough analysis of the caselaw which led us to that result. No purpose would be served by repeating the legal analysis in Davis, and we refer to that analysis in support of our holding herein that (1) petitioners’ 4 In Davis v. Commissioner, 119 T.C. 1 (2002), the taxpayers assigned a portion of each of 11 future annual lottery payments out of a total of 14 such payments that they were entitled to receive. Id. at p.3. In this case, Mary assigned all of the 12 future lottery payments, which also represented a portion of the total future payments that she was entitled to receive. We do not view that distinction as material, and we view the lottery payment right assigned in Davis as, in substance, identical to the lottery payment right assigned in this case for purposes of deciding whether such right constitutes a capital asset.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011