- 8 - (2) the substitute for ordinary income doctrine (doctrine) has been misinterpreted by the courts with respect to its origins and application to the sale of a lottery right; (3) to the extent that the substitute for ordinary income doctrine continues to have vitality, the Supreme Court’s holding in Ark. Best Corp. v. Commissioner, 485 U.S. 212 (1988) (Arkansas Best), by establishing a definitive analysis or test has limited the effect of the doctrine so that lottery rights would not come within the reach of the doctrine; and (4) a lottery right falls within the definitions of a “debt instrument” and a “bond” under sections 1275 and 1286, respectively. Consequently, the sale of a lottery right would result in capital gain. Respondent points out that the premise underlying petitioners’ contentions is that the right to receive future lottery payments is “considered ‘property’ under certain provisions of Federal and state law * * * [and that therefore] the right must be considered ‘property’ for purposes of * * * [section 1221)(a)]”; i.e., a capital asset. Respondent contends that petitioners’ premise “has been squarely rejected by every Federal court which has considered the issue.” Petitioners recognize that they are swimming against a rising tide of precedent. However, they remain undaunted and have strongly urged us to reconsider our holdings and those ofPage: 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