- 8 - arrangement was an annuity. One of the arguments advanced by the taxpayer was that the annual payments of the lottery prize could not constitute an annuity because the consideration provided was only the $1 paid for the lottery ticket, rather than a substantial premium. Estate of Gribauskas v. Commissioner, 116 T.C. at 152. In rejecting that argument, we reasoned that while a substantial premium might be characteristic of a commercial annuity, it need not be present in a private annuity, an arrangement that we concluded also fell within the scope of the term “annuity” as used in section 7520. Id. at 154-155. Thus, the nature of the consideration provided was not determinative of whether an arrangement constituted an annuity for purposes of section 7520. By contrast, the definition of “annuities” provided in the U.S.-Israel Income Tax Treaty requires that the obligation to make the payments have arisen “in return for adequate and full consideration”. Consequently, the fact that the payments at issue in this case may qualify as an annuity for purposes of section 7520 under the holding in Estate of Gribauskas does not determine whether they constitute an annuity under the U.S.- Israel Income Tax Treaty. The latter depends upon whether the payments were made “in return for adequate and full consideration” within the meaning of Article 20(5) of the treaty. The term “adequate and full consideration” is not defined inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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