- 11 - the sale of his right did not reflect an increase of value above the cost of any underlying capital asset). Id. at 1184. The Court of Appeals also rejected the taxpayer’s argument that the substitute for ordinary income doctrine was limited to specific fact situations, none of which were present in the case. The court noted that treating the sale of a lottery right as a capital gain would reward lottery winners who elect to receive periodic payments in lieu of a direct lump-sum payment from the State and then sell that right to a third party. Id. at 1184. The court stated: Nothing in the Revenue Code compels the creation of such a dichotomous system for the taxation of lottery winnings. The purpose of narrowly construing the term capital asset under the substitute for ordinary income doctrine is to “protect the revenue against artful devices” that undermine the Revenue Code’s standard treatment of ordinary income and capital gains. * * * That is precisely what Maginnis has attempted here. [Id. at 1184-1185.] Finally, the Court of Appeals rejected the taxpayer’s argument that capital gains treatment was appropriate because his lottery right is a debt instrument under section 1275. Id. at 1187. Petitioners, relying on McAllister v. Commissioner, 157 F.2d 235 (2d Cir. 1946), revg. 5 T.C. 714 (1945), and Bell’s Estate v. Commissioner, 137 F.2d 454 (8th Cir. 1943), revg. 46 B.T.A. 484 (1942), contend that property not within the statutory exclusions for capital assets produces capital gain on its sale. We have previously recognized that the cases cited by petitioners werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011