- 16 -                                         
               After reviewing pertinent caselaw, we are not persuaded that           
          the transfer to Singer involved the sale of a capital asset.                
          Accordingly, we hold that the lump-sum amount of $1,155,000                 
          received by Mr. Clopton is ordinary income.4                                
                                                  Decision will be entered            
                                             under Rule 155.                          
               4We express no opinion whether a purchaser, such as Singer,            
          of a lottery right from a lottery winner who then sells that                
          right to a third party would receive ordinary income or capital             
          gain on that sale.  See United States v. Maginnis, 356 F.3d 1179,           
          1183 n.4 (9th Cir. 2004).                                                   
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