- 12 - 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 thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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