When gambling winnings are covered in an enrolled agent study course, the tax consequence revealed for a winning lottery ticket is normally just an immediate rise in reportable gross income. For a waitress at the Waffle House in Grand Bay, Alabama, another tax situation has occurred after years of legal maneuverings. Tonda Lynn Dickerson and her coworkers received lottery tickets from a regular customer named Edward Seward on March 6, 1999. Seward occasionally went to Florida for the ticket purchases. Gambling is illegal in Alabama. He shared envelopes of tickets with Dickerson and other Waffle House employees. When Dickerson opened her envelope, it contained a winning ticket. The prize was valued at $10 million over 30 years or $5 million immediately. At this point, an enrolled agent review of the situation was warranted. But, first, Dickerson needed legal counsel. Not only was Dickerson happy to receive the winning ticket, so were her coworkers and Seward. It turns out that the coworkers had an informal agreement to share the jackpot if anyone ever ended up with a winning ticket from Seward. But Dickerson did not recall that arrangement. She kept all the money. Her soon former coworkers sued over the alleged sharing agreement. Dickerson prevailed because contracts related to illegal gambling are unenforceable in Alabama. However, even at this point, Dickerson was not ready to turn her situation into an enrolled agent job for tax advice. Instead, more legal troubles followed. Seward claimed in court that Dickerson had promised to buy him a new pickup if he ever supplied a winning lottery ticket. Seward argued that Dickerson had fraudulently misrepresented herself to him and her coworkers. Sewardâs case never made it to court because he lost on summary judgment. Still, Dickerson could not yet focus on the tax aspects of her lottery winnings with an enrolled agent. She was busy with the legal mess of Sewardâs appeals through the court system all the way to the Alabama Supreme Court. Seward lost in that ultimate appellate venue. Dickerson had succeeded in all the court trials. By this time, she had shared the lottery winnings with her family. She deployed a technique used for protecting assets from creditors by creating a corporation. The S corporation â" with the bold name 9Mill â" is a structure well known from EA study materials. Tax on S corporation income is assessed on the individual shareholders. Dickerson was able to easily gift shares of 9Mill to her family without having to transfer individual assets purchased with the lottery money. She kept 49 percent of the corporate stock and gave the remainder to her parents and siblings. The tax problem this created for Dickerson was beyond her courtroom trouble with former coworkers and Seward. An attorney for the Estates Division of the IRS noted the situation with 9Mill. Dickerson received a notice for delinquent federal gift tax of $771,570. The gift assessment was $2,412,388 â" the present value of 51 percent of the lottery winnings. The Tax Court reduced the taxable gift to $1,119,347. This is the point where Dickerson really needs an EA instead of just a lawyer. An enrolled agent can at least assure that the $10,000 annual gift tax exclusion is applied for each family member who received shares of the S corporation. Plus, some amount of lifetime exclusion is available based upon the rules in place during 1999. IRS Circular 230 Disclosure Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.
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