- 7 - Government. The precise question is whether gain from the sale of the right to receive future annual lottery payments is taxable as ordinary income or as capital gain. It has been held that gain from the sale of such rights is taxable as ordinary income. The facts in the two cases under consideration are alike in every material detail and are also indistinguishable from fact patterns considered by this and other courts that have already decided this question. Essentially, petitioners in each case won the lottery and, for a time, reported each annual installment payment as ordinary income. At some point, petitioners sold the right to their remaining installment payments and claimed that the resulting gain was reportable as capital gain, rather than ordinary income, as respondent contends. Case precedent has consistently held that the sale of the remaining installments does not convert what would have been ordinary income payments into income taxable as capital gain. Petitioners contend, as a matter of law, that precedent on this question is in error. Petitioners’ legal arguments fall into the following four broad categories: (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 section 1221(a)(4);Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011