Roland and Marie Womack - Page 16

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          not intend to limit the application of the substitute for                   
          ordinary income doctrine by the Arkansas Best holding.                      
               This Court and three Courts of Appeals have consistently               
          held  that the substitute for ordinary income doctrine was not              
          obviated by the holding in Arkansas Best.  No court has attempted           
          to express a bright-line rule defining which property rights                
          might represent substitutes for ordinary income.  Each has                  
          expressed the difficulties that exist in attempting to draw a               
          bright line.  Only one thing becomes clear in these analyses--the           
          process of defining which property or property rights fit within            
          the substitute for ordinary income doctrine is ad hoc and fact              
          specific.  Given that the doctrine has not been obviated or                 
          limited, we see no reason to depart from the established and                
          uniform precedent.  We, accordingly, proceed to decide whether              
          the factual circumstances of the case we consider fall within the           
          doctrine’s embrace.                                                         
               Initially, we reject petitioners’ attempt to limit the                 
          application of the doctrine to four general factual categories.             
          Neither the holding nor the rationale of the Supreme Court in               
          Arkansas Best changed the underlying principle of the substitute            
          for ordinary income doctrine.  Although the Arkansas Best holding           
          was intended generally to define “capital asset” in accordance              
          with the statute, as reflected in note 5 of the Arkansas Best               
          opinion, there was no intent to change or modify the holdings of            






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