- 3 - together with the affidavits, if any, show that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law.” Rule 121(a) and (b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). In the instant case, the parties agree that there are no genuine issues of material fact and that judgment may be rendered as a matter of law. In support of their respective motions, each party has submitted a memorandum of points and authorities. A hearing on the motions was also held. The parties do not dispute that, at the time of filing of the petition, petitioner was a resident of Israel.2 During 1992, while residing in California, petitioner, an Israeli citizen, purchased a California State Lottery ticket for $1. That ticket won the “Super Lotto” lottery, entitling petitioner to receive annual payments of $722,000 from the California State Lottery for 20 years. Petitioner did not have a choice as to the timing or manner of payment of his lottery winnings. During 1997, 1998, and 1999 (years in issue), petitioner resided in Israel. For each of the years in issue, petitioner received payments of $722,000 in California State Lottery 2 The parties have stipulated that review of this case shall be by the U.S. Court of Appeals for the D.C. Circuit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011