122 T.C. No. 24 UNITED STATES TAX COURT ISMAT M. ABEID, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 10441-02. Filed June 29, 2004. P, a nonresident alien residing in Israel during 1997, 1998, and 1999 (years in issue), became entitled to 20 annual payments of $722,000 each by virtue of a 1992 purchase of a $1 ticket that won a lottery sponsored by the State of California. P received a payment of $722,000 from the California State Lottery in each of the years in issue. P filed U.S. Federal income tax returns for those years in which he took the position that the payments were not subject to U.S. tax. R determined that the payments were subject to U.S. tax under sec. 871(a)(1)(A), I.R.C., resulting in a deficiency for each year in issue. P contends that the payments constitute “annuities” within the meaning of par. (5) of art. 20 of the Income Tax Convention, Nov. 20, 1975, U.S.-Isr., Hein’s No. KAV 971, at xxii (treaty) and are therefore exempt from U.S. tax pursuant to paragraph (2) of Article 20 of the treaty, which provides that “annuities” shall be taxable only in the jurisdiction in which the recipient resides.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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