T.C. Memo. 2006-240 UNITED STATES TAX COURT ROLAND AND MARIE WOMACK, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent ANASTASIOS AND MARIA SPIRIDAKOS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 13434-03, 19829-03. Filed November 7, 2006. We consider two test cases that involve the purely legal question of whether gain from the sale of the right to receive future annual lottery payments is taxable as ordinary income or capital gains. This Court and three Courts of Appeals have consistently held that gain from such a sale is taxable as ordinary income. R relies on established precedent, and Ps contend, as a matter of law, that prior opinions on this question are in error. Ps advance four categories of legal arguments, as follows: (1) Lottery rights are capital assets because they are denominated “accounts receivable” under the Florida Uniform Commercial Code and, as such, are not in the category “business accounts receivable” so as to be excluded from the statutory definition of capital asset under sec. 1221(a)(4), I.R.C.; (2) the substitute for ordinary income doctrine (doctrine) has been misinterpreted byPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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