- 10 - acquired.” Sec. 301.6323(h)-1(f)(3), Proced. & Admin. Regs.; see also Estate of Frothingham v. Commissioner, 60 T.C. 211, 215 (1973)(for estate tax purposes, “adequate and full consideration in money or money’s worth” generally means consideration of “equivalent amount” to the property transferred for it). Petitioner contends that the consideration element of the treaty definition has been met here by virtue of the fact that the California State Lottery received “adequate and full consideration” for the payments made to petitioner from all purchasers of tickets for the lottery he won. According to petitioner, the terms of the treaty do not require that the recipient of the lottery payments be the source of the consideration; rather, it is sufficient if the payor (California State Lottery) received adequate and full consideration from any source-–in this case, the other purchasers of lottery tickets. We do not believe petitioner’s theory comports with the language of the treaty. The California State Lottery’s “obligation” to make the payments at issue was not “in return for” any consideration provided by the nonwinning purchasers of lottery tickets. The consideration provided by these purchasers was in return for, and fully expended for, a chance to win the lottery; i.e., a wager. Cf. Goldman v. Commissioner, 46 T.C. 136, 139 (1966)(purchase price of a lottery ticket is consideration expended for chance to win, not a contribution toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011