- 9 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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