- 10 - stocks, bonds, and options, because the taxpayers received the lump-sum payment as a substitute for the right to receive ordinary income. Id. at n.7. The most recent case on this issue is United States v. Maginnis, 356 F.3d 1179 (9th Cir. 2004), which involved a taxpayer who assigned to a third party his right to future lottery payments from the State of Oregon. The Court of Appeals for the Ninth Circuit thoroughly analyzed Supreme Court precedent regarding the definition of a capital asset and concluded that under the substitute for ordinary income doctrine the taxpayer’s right to the future payments was not a capital asset. Id. at 1182. The Court of Appeals ultimately rejected the taxpayer’s argument that the right to future lottery payments is a capital asset within the meaning of sections 1221 and 1222. Id. at 1185. In analyzing whether the right to future lottery payments was a capital asset, the Court of Appeals for the Ninth Circuit relied on Supreme Court precedent and looked at whether there was an underlying investment of capital and an accretion in value over the cost of any underlying asset held. Id. at 1183. The Court of Appeals concluded capital gains treatment was not appropriate because the taxpayer made no underlying investment in exchange for the right to future payments, and, because there was no underlying investment, there was no cost to the taxpayer for the right to receive the payments (i.e., the money he received forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011