T.C. Memo. 2003-155

UNITED STATES TAX COURT

DAVID K. AND ELIZABETH SIMPSON, Petitioners v.

COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 191-02. Filed May 28, 2003.

Kevin G. Staker, for petitioners.

Linette B. Angelastro, for respondent.

MEMORANDUM OPINION

GOEKE, Judge: Respondent determined a deficiency in

petitioners’ 1998 Federal income tax of $879,060. The sole issue

for decision is whether a lump-sum amount received in exchange

for the assignment of the right to receive a portion of certain

future annual lottery payments is ordinary income or capital

gain. 
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1Unless otherwise indicated, all section references are to

the Internal Revenue Code in effect for the year in issue, and

all Rule references are to the Tax Court Rules of Practice and

Procedure.

2The evidence in the record indicates that Mr. Simpson was

the sole trustee of the Simpson Trust and that he took all

subsequent actions with respect to the annual lottery payments

discussed herein in his capacity as trustee. Petitioners

apparently have taken and continue to take the position, which

respondent does not dispute, that all income of the Simpson Trust

is includable in their income.

Background

The parties submitted this case fully stipulated pursuant to

Rule 122.1 The stipulation of facts and the attached exhibits

are incorporated herein by this reference. Petitioners, Mr.

Simpson and Mrs. Simpson, are husband and wife and resided in

Santa Barbara, California, at the time they filed their petition.

On April 29, 1992, Mr. Simpson won a California lottery

prize of $15,740,000. Under California law at that time, the

prize was payable in 20 annual installments of $787,000, with the

first installment payable on April 29, 1992, and subsequent

installments payable each year on April 29 through the year 2011. 

On July 20, 1992, Mr. Simpson assigned his California lottery

prize to the Simpson Trust.2

On April 20, 1997, Mr. Simpson, in his capacity as trustee

of the Simpson Trust, assigned a portion of the lottery prize to

Singer Asset Finance Company, LLC (Singer). Under the assignment

agreement, all rights to $140,000 of 12 annual lottery payments
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3The evidence in the record does not reflect the

consideration paid by Singer under this assignment agreement.

commencing April 20, 1997, through and including April 20, 2008,

were assigned to Singer.3 The assignment left the Simpson Trust

with the right to receive future annual lottery payments of

$647,000 through the year 2008. The right to receive the 2009,

2010, and 2011 payments was not assigned.

On June 2, 1998, Mr. Simpson, as trustee of the Simpson

Trust, entered into another assignment agreement with Singer.

Pursuant to this agreement, the right to receive the remaining

$647,000 of 10 annual lottery payments for the years 1999 through

2008 was assigned to Singer in exchange for a lump-sum payment of

$4,485,000.

At all relevant times, the laws of the State of California

precluded a lottery winner from assigning the right to receive

future annual lottery payments without obtaining California

Superior Court approval. On June 26, 1998, the Simpson Trust and

Singer filed with the California Superior Court for the County of

Sacramento (Sacramento County Superior Court) a joint petition

for an order approving voluntary assignment of lottery winnings.

On July 7, 1998, the Sacramento County Superior Court issued an

order approving the assignment.

Singer issued to Mr. Simpson a Form 1099-B, Proceeds From

Broker and Barter Exchange Transactions, for 1998. The Form
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4Our resolution of the issue presented does not depend on

who has the burden of proof in this case.

1099-B showed proceeds from the sale of “Stocks, bonds, etc.” of

$4,485,000.

On April 15, 1999, petitioners jointly filed Form 1040, U.S.

Individual Income Tax Return, for 1998. On Schedule D, Capital

Gains and Losses, petitioners reported the assignment of the 10

future annual lottery payments of $647,000 to Singer as a sale of

a capital asset held more than 1 year. Petitioners reported a

sales price of $4,485,000, a cost or other basis of $0, and a

long-term capital gain of $4,485,000. 

On January 7, 2002, respondent issued a notice of deficiency

to petitioners for the year 1998. In the notice, respondent

determined:

It has been determined that the sale of rights to

future annual lottery payments reported as a long term

capital gain on Schedule D in tax year 1998 do not meet

the definition of a capital asset. Accordingly, the

net income reported of $4,485,000.00 has been

reclassified as ordinary income.

Petitioners timely filed a petition to this Court seeking a

redetermination.

Discussion

The parties dispute whether the $4,485,000 received in

exchange for the assignment of future lottery payments is

ordinary income or capital gain.4 Resolution of this issue

depends on whether the right to receive future annual lottery
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payments constitutes a capital asset within the meaning of

section 1221.

Section 1221 provides the following definition of the term

“capital asset”:

SEC. 1221. CAPITAL ASSET DEFINED.

For purposes of this subtitle, the term “capital

asset” means property held by the taxpayer (whether or

not connected with his trade or business), but does not

include-–

(1) stock in trade of the taxpayer or other

property of a kind which would properly be

included in the inventory of the taxpayer if on

hand at the close of the taxable year, or property

held by the taxpayer primarily for sale to

customers in the ordinary course of his trade or

business;

(2) property, used in his trade or business,

of a character which is subject to the allowance

for depreciation provided in section 167, or real

property used in his trade or business;

(3) a copyright, a literary, musical, or

artistic composition, a letter or memorandum, or

similar property, held by-–

(A) a taxpayer whose personal efforts

created such property,

(B) in the case of a letter, memorandum,

or similar property, a taxpayer for whom such

property was prepared or produced, or 

(C) a taxpayer in whose hands the basis

of such property is determined, for purposes

of determining gain from a sale or exchange,

in whole or part by reference to the basis of

such property in the hands of a taxpayer

described in subparagraph (A) or (B);

(4) accounts or notes receivable

acquired in the ordinary course of trade or
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5Although petitioners’ primary argument is that the right to

receive future annual lottery payments is a capital asset, it

appears that they are also arguing that the winning lottery

ticket is a capital asset and that somehow the lump-sum payment

received from Singer is therefore capital gain. Petitioners did

not assign the lottery ticket to Singer; rather, they

relinquished the lottery ticket to the State of California in

order to claim the lottery prize and secure the right to the 20

annual installments of $787,000. The right to a portion of some

of the annual lottery payments, not the actual lottery ticket,

was subsequently assigned to Singer in exchange for the lump-sum

payment of $4,485,000. It is this right to future lottery

payments that is the focus of our inquiry, not the actual lottery

ticket. See Johns v. Commissioner, T.C. Memo. 2003-140.

business for services rendered or from the

sale of property described in paragraph (1);

(5) a publication of the United States

Government (including the Congressional Record)

which is received from the United States

Government or any agency thereof, other than by

purchase at the price at which it is offered for

sale to the public, and which is held by-–

(A) a taxpayer who so received such

publication, or

(B) a taxpayer in whose hands the basis

of such publication is determined, for

purposes of determining gain from a sale or

exchange, in whole or in part by reference to

the basis of such publication in the hands of

a taxpayer described in subparagraph (A).

Petitioners argue that (1) the sale of a lottery award is the

sale of a capital asset, (2) a lottery ticket falls within the

definition of a capital asset, (3) assets similar to lottery

tickets are classified as capital assets, and (4) recent court

decisions regarding the sale of lottery proceeds are incorrect.5
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6Accord United States v. Maginnis, 89 AFTR 2d 2002-3028,

2002-2 USTC par. 50,494 (D. Or. 2002) (holding that the amount

that the taxpayer received in exchange for the taxpayer’s

assignment to a third party of his right to receive certain

future annual lottery payments is ordinary income).

7On brief, petitioners imply that the right to receive

future annual lottery payments is analogous to currency

contracts, stocks, bonds, and options. Unlike the situations

cited by petitioners, in this instance petitioners received the

lump-sum payment as a substitute for the right to receive

ordinary income.

This is not an issue of first impression. In Davis v.

Commissioner, 119 T.C. 1 (2002), we decided the same issue under

almost identical factual circumstances. The taxpayers in that

case also won a California State lottery prize and subsequently

assigned a portion of future annual lottery payments to Singer in

exchange for a lump-sum payment. Id. at 3. We held that the

right to receive such payments does not constitute a capital

asset within the meaning of section 1221. Id. at 7. Petitioners

are aware of our holding in Davis; however, they contend that

case was incorrectly decided.

In Davis, we thoroughly analyzed section 1221 and relevant

caselaw interpreting the statute. We recently relied on and

followed our analysis in Davis. See Johns v. Commissioner, T.C.

Memo. 2003-140; Boehme v. Commissioner, T.C. Memo. 2003-81.6 No

purpose would be served by repeating the analysis that led us to

hold in Davis that the right to receive future annual lottery

payments does not constitute a capital asset.7
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The doctrine of stare decisis generally requires that we

follow the holding of a previously decided case, absent special

justification. Sec. State Bank v. Commissioner, 111 T.C. 210,

213-214 (1998), affd. 214 F.3d 1254 (10th Cir. 2000). After

reviewing petitioners’ arguments in support of their position

that the right to receive future annual lottery payments

constitutes a capital asset, we find nothing therein that would

cause us to refrain from applying the doctrine of stare decisis. 

Accordingly, we rely on the legal analysis in Davis and hold that

(1) the right in this case to receive the future lottery payments

does not constitute a capital asset within the meaning of section

1221, and (2) the lump-sum payment of $4,485,000 received from

Singer in exchange for that right is ordinary income.

Decision will be entered

for respondent.