Ismat M. Abeid - Page 15

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          Thus, the sums were not paid “under an obligation to make the               
          payments in return for adequate and full consideration” (emphasis           
          added) within the meaning of Article 20(5) of the treaty.                   
               As the treaty is silent with respect to gambling winnings,             
          and petitioner has failed to establish that the payments at issue           
          were an “annuity” within the treaty’s meaning, the treaty does              
          not prevent the United States from imposing a tax under section             
          871(a)(1)(A) upon such payments.  Accordingly, respondent is                
          entitled to judgment as a matter of law.  We shall therefore                
          grant respondent’s cross-motion for summary judgment and deny               
          petitioner’s motion.  To reflect the foregoing,                             


                                                  An appropriate order and            
                                             decision will be entered.                






















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