Roger L. Watkins - Page 7

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          taxpayer for the right to receive the future lottery payments,              
          and, therefore, the money received for the sale of the right                
          could not be seen as reflecting an increase of value above the              
          cost of any underlying asset.3  Id.; see also Boehme v.                     
          Commissioner, T.C. Memo. 2003-81 (holding taxpayer’s right to               
          receive future annual lottery payments did not constitute a                 
          capital asset).  We reiterated this reasoning in Clopton v.                 
          Commissioner, T.C. Memo. 2004-95, in which we held that the lump-           
          sum amount received in exchange for an interest in a trust                  
          holding the right to receive future lottery payments was ordinary           
          income.  As a result, petitioner’s arguments fail under Maginnis.           
               Additionally, we find the facts in the instant case                    
          indistinguishable in substance from the facts in our opinion of             
          Davis v. Commissioner, 119 T.C. 1 (2002), and cases relying on              
          this opinion, in which a taxpayer assigned a right to future                
          lottery installment payments in return for a lump-sum payout at a           
          discounted value from a third party.  Id. at 3; Lattera v.                  
          Commissioner, T.C. Memo. 2004-216; Clopton v. Commissioner,                 
          supra; Simpson v. Commissioner, T.C. Memo. 2003-155; Johns v.               
          Commissioner, T.C. Memo. 2003-140; Boehme v. Commissioner, supra.           
          We held in each of these cases that a right to future lottery               





               3  We note that petitioner’s tax return reported a zero cost           
          basis with regard to amount received for the assignment of the              
          future lottery installment payments to Stone Street.                        



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