- 2 - the courts with respect to its origins and application to the sale of a lottery right; (3) to the extent that the doctrine continues to have vitality, the Supreme Court’s holding in Ark. Best Corp. v. Commissioner, 485 U.S. 212 (1988), by establishing a definitive analysis or test has limited the effect of the doctrine; and (4) a lottery right falls within the definitions of a “debt instrument” and a “bond” under secs. 1275 and 1286, I.R.C., respectively, and its sale would result in capital gain. Held: Ps have failed to show that established legal precedent is in error, and the gains are taxable as ordinary income. Steven M. Kwartin, for petitioners. Timothy Maher, for respondent. MEMORANDUM OPINION GERBER, Judge: These consolidated cases are part of a larger group of cases1 all with the common legal issue of whether gain from the sale of a right to receive future annual lottery payments is taxable as capital gain or as ordinary income. Respondent issued separate notices of deficiency to petitioners in the above-captioned cases determining the following income tax deficiencies: 1 There are 57 related cases in the group that were not consolidated for trial, briefing, and opinion with the above- captioned cases. The parties in the 57 related cases have agreed to be bound by the outcome of these consolidated cases.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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