George and Angeline Lattera - Page 4

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          on whether the right to receive future annual lottery payments              
          constitutes a capital asset.                                                
               Section 1221 defines “capital asset” as follows:                       
               SEC. 1221.  CAPITAL ASSET DEFINED.                                     
               (a) In General.                                                        
               For purposes of this subtitle, the term “capital asset”                
               means property held by the taxpayer (whether or not                    
               connected with his trade or business), but does not                    
               include-–                                                              
                         (1) stock in trade of the taxpayer or                        
                    other property of a kind which would properly                     
                    be included in the inventory of the taxpayer                      
                    if on hand at the close of the taxable year,                      
                    or property held by the taxpayer primarily                        
                    for sale to customers in the ordinary course                      
                    of his trade or business;                                         
                         (2) property, used in his trade or                           
                    business, of a character which is subject to                      
                    the allowance for depreciation provided in                        
                    section 167, or real property used in his                         
                    trade or business;                                                
                         (3) a copyright, a literary, musical, or                     
                    artistic composition, a letter or memorandum,                     
                    or similar property, held by-–                                    
                              (A) a taxpayer whose personal                           
                         efforts created such property,                               
                              (B) in the case of a letter,                            
                         memorandum, or similar property, a                           
                         taxpayer for whom such property was                          
                         prepared or produced, or                                     
                              (C) a taxpayer in whose hands                           
                         the basis of such property is                                
                         determined, for purposes of                                  
                         determining gain from a sale or                              
                         exchange, in whole or part by                                







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