Alden L. Clopton and Yolanda Y. Clopton - Page 10

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          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 for              






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