- 8 - The doctrine of stare decisis generally requires that we follow the holding of a previously decided case, absent special justification. Sec. State Bank v. Commissioner, 111 T.C. 210, 213-214 (1998), affd. 214 F.3d 1254 (10th Cir. 2000). After reviewing petitioners’ arguments in support of their position that the right to receive future annual lottery payments constitutes a capital asset, we find nothing therein that would cause us to refrain from applying the doctrine of stare decisis. Accordingly, we rely on the legal analysis in Davis and hold that (1) the right in this case to receive the future lottery payments does not constitute a capital asset within the meaning of section 1221, and (2) the lump-sum payment of $4,485,000 received from Singer in exchange for that right is ordinary income. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011