- 12 - Goldman v. Commissioner, supra. Petitioner became entitled to the stream of payments not by reason of any exchange of consideration, but by virtue of winning a wager, a separate taxable event under U.S. tax law constituting an accession to wealth. See, e.g., McClanahan v. United States, 292 F.2d 630, 631-632 (5th Cir. 1961); Solomon v. Commissioner, 25 T.C. 936, 938-939 (1956); Lutz v. Commissioner, T.C. Memo. 2002-89; Lyszkowski v. Commissioner, T.C. Memo. 1995-235, affd. without published opinion 79 F.3d 1138 (3d Cir. 1996). Thus, the payments petitioner received from the California State Lottery were neither “in return for” the $1 consideration he cites, nor was this consideration “adequate and full” with respect to those payments. The payments were the proceeds of a winning wager; i.e., gambling winnings. Petitioner also relies upon Estate of Shackleford v. United States, 82 AFTR 2d 98-5538, 98-2 USTC par. 60,320 (E.D. Cal. 1998), affd. 262 F.3d 1028 (9th Cir. 2001), to support his claim that the $1 purchase price of the lottery ticket was adequate and full consideration for the lottery payments. In that case, a decedent lottery winner’s estate argued that the decedent’s right to California lottery payments, if deemed an annuity, should not be included in the gross estate by virtue of section 2039(b). 9(...continued) chance. See sec. 31.3402(q)-1(d), Example (10), Employment Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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