- 17 - the line of cases establishing the substitute for ordinary income doctrine. Accordingly, petitioners’ reliance on Arkansas Best for a limited approach to the doctrine must fail. There can be no doubt that petitioners’ lottery installment payments were ordinary income. As those payments were received, petitioners treated them as ordinary income on their returns before selling the remaining right to future payments. Under the principle of the doctrine, the sale of the remaining right to the ordinary income payments did not cause their conversion to a capital asset. Petitioners also argue that Congress intentionally limited the exceptions to the definition of “capital asset” in section 1221 for policy reasons. Petitioners believe that the definition was intended to create a dichotomy between business transactions and transactions in property. We cannot accept the incongruous result of petitioners’ premise; i.e., that Congress intended to allow the conversion of gambling winnings to capital gain by the simple expedient of a sale of the right to future installments by the lottery winner. Petitioners also argue that lottery rights have been labeled or treated as property in Federal caselaw. Petitioners cite cases where lottery rights were treated as property for purposes of bankruptcy, domestic relations, estate tax, gift, etc. That, however, does not convert ordinary income to capital gain. ThePage: 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