Roger L. Watkins - Page 9

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          Lattera v. Commissioner, supra; Clopton v. Commissioner, supra;             
          Simpson v. Commissioner, supra; Johns v. Commissioner, supra;               
          Boehme v. Commissioner, supra.  Given the similarity of facts, it           
          would serve no purpose in repeating the analysis provided in                
          Davis v. Commissioner, supra.  See also Sec. State Bank v.                  
          Commissioner, 111 T.C. 210, 213-214 (1998)(“The doctrine of stare           
          decisis generally requires that we follow the holding of a                  
          previously decided case, absent special justification.”), affd.             
          214 F.3d 1254 (10th Cir. 2000).                                             
               Pursuant to Davis v. Commissioner, supra, and its progeny,             
          we hold that the $2,614,744 received by petitioner from Stone               
          Street in exchange for petitioner’s right to receive one-half of            
          the remaining lottery installment payments is ordinary income and           
          not capital gain.                                                           







               4(...continued)                                                        
                    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).                                         



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