- 5 - timely filed a petition with the Court to dispute respondent’s determinations. Discussion The parties dispute whether petitioner’s receipt of $2,614,744 in exchange for the assignment of his right to receive future lottery installment payments constitutes ordinary income or capital gain during the year in issue. Resolution of this issue depends on whether petitioner’s right to receive the remaining lottery installment payments was a capital asset within the meaning of section 1221. Petitioner’s argument that the assignment was a sale of a capital asset relies on reasoning found in United States v. Maginnis, 356 F.3d 1179 (9th Cir. 2004). We note from the outset that we are not bound by the opinion of the Court of Appeals for the Ninth Circuit because appeal of this decision would lie in the Court of Appeals for the Tenth Circuit, which has not ruled on this issue. Sec. 7482(b)(1)(A). Additionally, in Maginnis, the Court of Appeals affirmed the District Court holding that under the substitute for ordinary income doctrine the sale of a right to future lottery payments should be taxed as ordinary income.2 Id. at 1187. Petitioner 2 Under the “substitute for ordinary income doctrine”, a court narrowly construes the term “capital asset” when taxpayers make attempts to transform ordinary income into capital gain. See Commissioner v. P.G. Lake, Inc., 356 U.S. 260, 265 (1958).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011