- 13 - despite the fact that they did not make an underlying investment in exchange for their right to future lottery payments or for the beneficial interest in the trust, capital gains treatment is appropriate. There is no question that the lottery payments in the first instance were ordinary income. See United States v. Maginnis, supra at 1183. The trust was simply a conduit to facilitate the distribution of the lottery proceeds. The character of the lottery payments as ordinary income did not change as a result of the payments being distributed through the trust. Sec. 652(b); see also Van Buren v. Commissioner, 89 T.C. 1101, 1106 (1987); Picchione v. Commissioner, 54 T.C. 1490, 1492 n.1 (1970), affd. 440 F.2d 170 (lst Cir. 1971). Thus, the sale of the future lottery payments to Singer lacked the requisite realization of appreciation in value accrued over a substantial period of time that is typically necessary for capital gains treatment, regardless of whether Singer bought rights to the trust distributions or direct lottery payments. United States v. Maginnis, supra at 1184 (citing Commissioner v. Gillette Motor Transp., Inc., supra at 134). At the time the agreement between Mr. Clopton and Singer was made, Texas law prohibited the assignment of rights to a lottery prize. Tex. Govt. Code Ann. sec. 466.406 (Vernon 1998). However, Texas law changed effective September 1, 1999, prior toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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