Alden L. Clopton and Yolanda Y. Clopton - Page 12

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          decided before relevant Supreme Court decisions applying the                
          substitute for ordinary income doctrine.  Hrobon v. Commissioner,           
          41 T.C. 476, 493, 497-498 (1964).  As explained in numerous                 
          Supreme Court cases and the recent decisions discussed above, the           
          fact that certain property is not within the statutory exclusions           
          for capital assets does not automatically mean that the property            
          is a capital asset.  See, e.g., Ark. Best Corp. v. Commissioner,            
          485 U.S. 212, 217 n.5 (1988); Commissioner v. Gillette Motor                
          Transp., Inc., 364 U.S. 130, 134 (1960); Commissioner v. P.G.               
          Lake, Inc., 356 U.S. 260, 265 (1958); United States v. Maginnis,            
          supra at 1181-1182; Davis v. Commissioner, 119 T.C. at 7.  If               
          lump-sum consideration received for the property is essentially a           
          substitute for what would otherwise be received at a future time            
          as ordinary income, then the consideration may not be taxed as a            
          capital gain.  Commissioner v. P.G. Lake, Inc., supra at 265;               
          United States v. Maginnis, supra at 1182.  The appropriate                  
          inquiry in this case is whether the $1,155,000 received for the             
          property transferred to Singer was essentially a substitute for             
          future payments of ordinary income.                                         
               Petitioners claim that Mr. Clopton transferred a beneficial            
          interest in the trust, not the right to future lottery payments,            
          and that the interest is a capital asset.  Petitioners claim that           
          the future payments were required to be made directly to the                
          trust, not to Singer.  Petitioners imply that this means that               






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