- 11 - the sponsoring charity), affd. 388 F.2d 476 (6th Cir. 1967). The other purchasers of tickets in the lottery won by petitioner did not provide consideration “in return for” the California State Lottery’s obligation to make the subject payments to petitioner. Petitioner argues in the alternative that, if the treaty is construed to require that “adequate and full consideration” come from the recipient of the lottery payments, then he provided such consideration because he paid the full, undiscounted price for the winning lottery ticket; namely, $1. We disagree. Petitioner’s contention mischaracterizes the transaction which gave rise to his right to the lottery payments. The $1 paid by petitioner was not “adequate and full consideration” for the right to 20 annual payments of $722,000. One dollar bears no “reasonable relationship” to the value of such a right, nor was the right transferred to him “in return for” the $1 of consideration he provided. The $1 paid by petitioner was the consideration for the ticket itself; i.e., for the wager. This $1 consideration was fully expended for, and secured only, a chance to win the right to the payments at issue herein.9 Cf. 9 The conclusion that the $1 consideration was expended for the wager itself is consistent with the definition of “wager” for purposes of sec. 3402(q), governing withholding from certain gambling winnings, including those from State-conducted lotteries, that are “proceeds from a wager”. The regulations under that section provide that, in order for a transaction, in which a chance to win a prize is acquired, to be treated as a wager, consideration must have been provided to obtain such (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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