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capital gains |
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| Whether a sale of the right to lottery payments results in capital gain or ordinary income is one of first impression in the Third Circuit. However, the goal of clients who choose to not do a tax-free exchange is generally to pay tax at lower long-term capital gain rates, 15 percent maximum federal rate, rather than at ordinary income tax rates, 35 percent maximum federal rate. Although the 2003 Tax Act had other wonderful features for agriculture, including the $100,000 depreciation write-off and the 50% bonus deduction for new assets, some of the real money lies in its new capital gain rates. |
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