Roger Leslie Wolman and Caroline R. Wolman - Page 7

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          unique arguments that would cause us to stray from the holding we           
          reached in Davis v. Commissioner, supra; the end result is the              
          same.  The relevant events occurred after Mr. Wolman won the                
          lottery, i.e., the assignment of future lottery installment                 
          payments, and those events do not change his receipt of ordinary            
          income into gain from a sale of a capital asset.                            
               Further, petitioners’ argument that their assignment of all            
          rights and benefits related to the lottery installment payments             
          caused the character of the transaction to change must also fail.           
          In Lattera v. Commissioner, supra, the taxpayers similarly                  
          assigned their “rights, title, and interest in the lottery prize”           
          to a third party, and we held that the amount received by the               
          taxpayers from the third party for the assignment of future                 
          lottery payments was ordinary income, not capital gain.  See also           
          United States v. Maginnis, 356 F.3d 1179, 1186-1187 (9th Cir.               
          2004)(concluding that a sale of an entire interest in a lottery             
          winning is “not a persuasive reason to treat the sale of that               
          right as a capital gain.”).                                                 
               Pursuant to Davis v. Commissioner, supra, and its progeny,             
          we hold that the amounts received by petitioners from Capital               
          First in exchange for Mr. Wolman’s right to receive the remaining           
          lottery installment payments are ordinary income and not capital            
          gains.                                                                      








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