Riebe v. Commissioner
United States Board of Tax Appeals
Oral transfer of interest in sweepstake lottery ticket without consideration or delivery, held ineffective to establish ownership of any part of ticket in others so as to free petitioner from tax on its proceeds, notwithstanding that payment, at petitioner's request, was made to the alleged transferees.
1Opinion of the Court
*937OPINION.
Opper :
Petitioner assails respondent’s' inclusion in bis income of two-thirds of the proceeds of a lottery ticket purchased by petitioner. Petitioner contends that he made a gift to his wife and children of that portion of the ticket and that he is not chargeable with its receipt. The gift, however, is not asserted as of the time of original purchase, but is claimed to have taken place between the initial drawing and the running of the horse race upon which the ultimate result depended.
The problem presented is perhaps elusive by reason of the divergent principles necessarily to be…
2Cases cited1 opinion
- United States v. SullivanSupreme Court of the United States · 1927
3Cited by8 opinions
- Simmons v. United StatesDistrict Court, D. Maryland · 1961
- Jose Tavares v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1960
- Riebe v. CommissionerCourt of Appeals for the Sixth Circuit · 1941
- Stevens v. CommissionerUnited States Tax Court · 1971
- Braunstein v. CommissionerUnited States Tax Court · 1962
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