George and Angeline Lattera - Page 5

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                         reference to the basis of such                               
                         property in the hands of a taxpayer                          
                         described in subparagraph (A) or                             
                         (B);                                                         
                         (4) accounts or notes receivable                             
                    acquired in the ordinary course of trade or                       
                    business for services rendered or from the                        
                    sale of property described in paragraph (1);                      
                         (5) a publication of the United States                       
                    Government (including the Congressional                           
                    Record) which is received from the United                         
                    States Government or any agency thereof,                          
                    other than by purchase at the price at which                      
                    it is offered for sale to the public, and                         
                    which is held by-–                                                
                              (A) a taxpayer who so received                          
                         such publication, or                                         
                              (B) a taxpayer in whose hands                           
                         the basis of such publication is                             
                         determined, for purposes of                                  
                         determining gain from a sale or                              
                         exchange, in whole or in part by                             
                         reference to the basis of such                               
                         publication in the hands of a                                
                         taxpayer described in subparagraph                           
                         (A).                                                         
               Petitioners contend that (1) the Court wrongly decided Davis           
          v. Commissioner, 119 T.C. 1 (2002), (2) a lottery ticket falls              
          within the definition of a capital asset, and (3)                           
          characterization of a lottery ticket and the resultant prize                
          as a capital asset does not frustrate congressional intent.                 
               Davis involved the same issue and nearly identical facts.              
          The taxpayers in Davis won a California State lottery prize and             
          subsequently assigned a portion of future annual lottery payments           
          to Singer in exchange for a lump-sum payment.  Id. at 3.  We held           





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