Ismat M. Abeid - Page 11

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          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...)           





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