- 15 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011