$321 MILLION: Mega Millions jackpot is red hot

Nov 1, 2014, 1:09 pm (102 comments)

Mega Millions

20th-largest U.S. jackpot of all time

By Todd Northrop

The multi-state Mega Millions lottery game continued its months-long climb Friday night, and is now at the point where jackpot rolls are sharply increased.

After nobody won Friday night's grand prize, the Mega Millions jackpot grew to an estimated $321 million — the largest since a $414 million Mega Millions jackpot was split between two tickets from Florida and Maryland on March 18, 2014.  (See Florida couple, nearly penniless, claim half of $414M lottery jackpot, Lottery Post, May 1, 2014.) 

The lump-sum cash value rose to a massive $194.1 million — the 17th-largest U.S. lottery cash value in history.

Tuesday's Mega Millions jackpot is the accumulation of 20 consecutive drawings without a top prize winner. The current jackpot run-up started on August 26 as a $15 million grand prize — it has been more than two months since Mega Millions has had a jackpot winner.

The last big Mega Millions winner was Rick Knudsen, 53, of Calimesa, California, who won a $180 million jackpot in the Aug. 22 Mega Millions drawing.  (See California man claims $180 million lottery jackpot, Lottery Post, Sep. 4, 2014.)

Lottery players can see an after-tax analysis of the current Mega Millions jackpot by visiting USA Mega's Jackpot Analysis page.

Players should note that jackpot amounts are conservative estimates provided by the lotteries, and are often somewhat higher by the time the drawing occurs. Occasionally the official jackpot estimate is raised even before the drawing, due to larger-than-expected sales.

In Friday night's Mega Millions drawing, there was no jackpot winner, but 5 lucky players matched the first 5 numbers, winning the second prize: 2 from California, 2 from New Jersey, and 1 from New York.  The 2 California second-prize winners will each be awarded prizes of $604,409, and the 3 winners from the other states will receive prizes of $1,00,000 each.

Unfortunately, none of the second-prize winners purchased their ticket with the Megaplier option for an extra $1 per play.  If they had, their prize would have been increased to $2 million, because the Megaplier number drawn was 2.

The Megaplier option is not available in California, because the fixed nature of the prize increase offered with the Megaplier is not compatible with California's pari-mutuel payouts. By law, California awards all prizes on a pari-mutuel basis, meaning the prizes will change each drawing based on the number of tickets sold and the number of tickets that won at each prize level.

Another 68 tickets matched four of the first five numbers plus the Mega Ball to win a $5,000 prize. Of those tickets, 4 were purchased with the Megaplier option, increasing the prize to $10,000, and 12 were sold in California, where the prize is worth $5,536 this drawing.

The Mega Millions winning numbers for Friday, October 31, 2014, were 11, 29, 36, 58, and 67, with Mega Ball number 15. The Megaplier number was 2.

Following the Friday drawing, the Mega Millions annuity jackpot estimate was raised $37 million from its previous amount of $284 million. The cash value was raised by $22.1 million, from its previous amount of $172 million. 

Mega Millions is currently offered for sale in 44 states, plus Washington, D.C. and the U.S. Virgin Islands. Drawings are Tuesdays and Fridays at 11:00 pm Eastern Time. Tickets cost $1 each.

The Mega Millions winning numbers are published at USA Mega (www.usamega.com) minutes after the drawing takes place.

Top 25 United States lottery jackpots of all time

Tuesday's Mega Millions jackpot currently stands as the 20th-largest lottery jackpot of all time in the United States.  That position may rise before the drawing, as lotteries are typically conservative in their initial estimates, and brisk sales may push the jackpot estimate higher by draw time.

  1. Mega Millions: $656 million, Mar. 30, 2012 - Illinois, Kansas, Maryland
  2. Mega Millions: $648 million, Dec. 17, 2013 - California, Georgia
  3. Powerball: $590.5 million, May 18, 2013 - Florida
  4. Powerball: $587.5 million, Nov. 28, 2012 - Arizona, Missouri
  5. Powerball: $448.4 million, Aug. 7, 2013 - Minnesota, New Jersey (2)
  6. Powerball: $425.3 million, Feb. 19, 2014 - California
  7. Mega Millions: $414 million, Mar. 18, 2014 - Florida, Maryland
  8. Powerball: $399.4 million, Sep. 18, 2013 - South Carolina
  9. Mega Millions: $390 million, Mar. 6, 2007 - Georgia, New Jersey
  10. Mega Millions: $380 million, Jan. 4, 2011 - Idaho, Washington
  11. Powerball: $365 million, Feb. 18, 2006 - Nebraska
  12. The Big Game: $363 million, May 9, 2000 - Illinois, Michigan
  13. Powerball: $340 million, Oct. 19, 2005 - Oregon
  14. Powerball: $338.3 million, Mar. 23, 2013 - New Jersey
  15. Powerball: $337 million, Aug. 15, 2012 - Michigan
  16. Powerball: $336.4 million, Feb. 11, 2012 - Rhode Island
  17. Mega Millions: $336 million, Aug. 28, 2009 - California, New York
  18. The Big Game: $331 million, Apr. 16, 2002 - Georgia, Illinois, New Jersey
  19. Mega Millions: $330 million, Aug. 31, 2007 - Maryland, New Jersey, Texas, Virginia
  20. Mega Millions: $321 million, Nov. 4, 2014 - Preliminary estimate, not won yet
  21. Mega Millions: $319 million, Mar. 25, 2011 - New York
  22. Mega Millions: $315 million, Nov. 15, 2005 - California
  23. Powerball: $314.9 million, Dec. 25, 2002 - West Virgina
  24. Powerball: $314.3 million, Aug. 25, 2007 - Indiana
  25. Powerball: $295.7 million, Jul. 29, 1998 - Indiana

For those keeping score, the number of jackpots in the top 25, by lottery game, are:

  • Mega Millions: 10
  • Powerball: 13
  • The Big Game: 2

The Big Game is the original name of Mega Millions, from the game's first drawing on Sep. 6, 1996 through May 14, 2002.  The name was changed to Mega Millions starting with the May 17, 2002 drawing.

Top 25 cash value jackpots

Since many lottery winners collect their winnings in cash, the lump-sum payout is an important measure of what a winning ticket could be worth.

Looking at the cash value, the upcoming Mega Millions jackpot ranks as the 17th-largest cash value in U.S. history.

  1. Mega Millions: $471 million cash, Mar. 30, 2012 ($656 million annuity) - Illinois, Kansas, Maryland
  2. Powerball: $384.7 million cash, Nov. 28, 2012 ($587.5 million annuity) - Arizona, Missouri
  3. Powerball: $370.9 million cash, May 18, 2013 ($590.5 million annuity) - Florida
  4. Mega Millions: $347.6 million cash, Dec. 17, 2013 ($648 million annuity) - California, Georgia
  5. Powerball: $258.2 million cash, Aug. 7, 2013 ($448.4 million annuity) - Minnesota, New Jersey (2)
  6. Mega Millions: $240 million cash, Jan. 4, 2011 ($380 million annuity) - Idaho, Washington
  7. Mega Millions: $233.1 million cash, Mar. 6, 2007 ($390 million annuity) - Georgia, New Jersey
  8. Mega Millions: $230.9 million cash, Mar. 18, 2014 ($414 million annuity) - Florida, Maryland
  9. Powerball: $227.8 million cash, Feb. 19, 2014 ($425.3 million annuity) - California
  10. Powerball: $224.7 million cash, Aug. 15, 2012 ($337 million annuity) - Michigan
  11. Powerball: $223.3 million cash, Sep. 18, 2013 ($399.4 million annuity) - South Carolina
  12. Mega Millions: $214 million cash, Aug. 28, 2009 ($336 million annuity) - California, New York
  13. Powerball: $211 million cash, Mar. 23, 2013 ($338.3 million annuity) - New Jersey
  14. Powerball: $210 million cash, Feb. 11, 2012 ($336.4 million annuity) - Rhode Island
  15. Mega Millions: $202.9 million cash, Mar. 25, 2011 ($319 million annuity) - New York
  16. Mega Millions: $194.4. million cash, Aug. 31, 2007 ($330 million annuity) - Maryland, New Jersey, Texas, Virginia
  17. Mega Millions: $194.1. million cash, Nov. 4, 2014 ($321 million annuity) - Preliminary estimate, not won yet
  18. Mega Millions: $185 million cash, Nov. 15, 2005 ($315 million annuity) - California
  19. The Big Game: $180 million cash, May 9, 2000 ($363 million annuity) - Illinois, Michigan
  20. Powerball: $177.3 million cash, Feb. 18, 2006 ($365 million annuity) - Nebraska
  21. Powerball: $170.5 million cash, Dec. 25, 2002 ($314.9 million annuity) - West Virginia
  22. Mega Millions: $168 million cash, July 2, 2004 ($294 million annuity) - Massachusetts
  23. Mega Millions: $167.7 million cash, Feb. 22, 2008 ($275 million annuity) - Georgia
  24. Powerball: $165.8 million cash, Aug. 25, 2001 ($295 million annuity) - Delaware, Kentucky, Minnesota, New Hampshire
  25. Mega Millions: $165.2 million cash, May 4, 2010 ($266 million annuity) - California

Lottery Post Staff

Comments

noise-gate

Yeah it's hot enough- time to take that baby out of the oven!

LottoMetro's avatarLottoMetro

I think I will participate in this draw. Thanks in advance to everyone who contributed to my pending winfall Wink

Going to be my first Mega Millions purchase of the year!

Goteki54's avatarGoteki54

I'll be sure to send all the members of LP a post card from my new home in Saint Thomas when I win!Thumbs Up

Drenick1's avatarDrenick1

I will do my part and purchase a few tickets, dream until the drawing and then discard my losing tickets the following day.  I will repeat the cycle if nobody wins the jackpot.

Teddi's avatarTeddi

I like that the cash value is at about 60% of the annuity. Lately it's been a lot less than that. I'm loving all these numbers. High jackpot, high CV...and the holidays just around the corner. 

Dance

ThatScaryChick's avatarThatScaryChick

Quote: Originally posted by LottoMetro on Nov 1, 2014

I think I will participate in this draw. Thanks in advance to everyone who contributed to my pending winfall Wink

Going to be my first Mega Millions purchase of the year!

Same. I can't even remember the last time I've played Powerball or Mega Millions. I think I might buy a couple of tickets for the next drawing.

music*'s avatarmusic*

Hurray! Here is to a lucky night for a MM player. Like me.  And good luck to all the candidates in the national 

       election  Bash

RJOh's avatarRJOh

Quote: Originally posted by Goteki54 on Nov 1, 2014

I'll be sure to send all the members of LP a post card from my new home in Saint Thomas when I win!Thumbs Up

Have you checked the number of registered members lately?  It'll be a lot easier just posting a message at LP, besides you probably don't all their addresses.

sully16's avatarsully16

Quote: Originally posted by Goteki54 on Nov 1, 2014

I'll be sure to send all the members of LP a post card from my new home in Saint Thomas when I win!Thumbs Up

Just send a check Cheers

mightwin's avatarmightwin

Quote: Originally posted by Drenick1 on Nov 1, 2014

I will do my part and purchase a few tickets, dream until the drawing and then discard my losing tickets the following day.  I will repeat the cycle if nobody wins the jackpot.

Lol........When it gets to this amount, for some reason even though I bought tickets, when I check on my phone I hope nobody wins the jackpot including myself... lol. Maybe its a hope to win a record amount ?? Wink keep it rolling!

RJOh's avatarRJOh

Quote: Originally posted by Drenick1 on Nov 1, 2014

I will do my part and purchase a few tickets, dream until the drawing and then discard my losing tickets the following day.  I will repeat the cycle if nobody wins the jackpot.

You should hang on to those losing tickets just in case you win a later drawing and want to claim them as a deduction on your taxes.

JamesMelony

Can't wait for this to keep rolling for a bigger jackpot around the end of the month but I will still throw in a dollar for this round. Also if I do win I will not be claiming it until after the holidays when everyone is fatter and calmer. LOL

noise-gate

Quote: Originally posted by JamesMelony on Nov 1, 2014

Can't wait for this to keep rolling for a bigger jackpot around the end of the month but I will still throw in a dollar for this round. Also if I do win I will not be claiming it until after the holidays when everyone is fatter and calmer. LOL

I respectfully disagree, why? For this singular reason. Should someone in California win....preferably me* -according to the California lottery it will take 6-8 weeks before l see that cheque. We talking close to Christmas here..nah, sorry..no way!

Drenick1's avatarDrenick1

Quote: Originally posted by RJOh on Nov 1, 2014

You should hang on to those losing tickets just in case you win a later drawing and want to claim them as a deduction on your taxes.

I spend between $200-$300 on lottery tickets per year so it won't bother me not to claim it if I won. If I was desperate for losing tickets I can always grab a bunch from the trash can at any lottery retailer.

Drenick1's avatarDrenick1

Quote: Originally posted by noise-gate on Nov 1, 2014

I respectfully disagree, why? For this singular reason. Should someone in California win....preferably me* -according to the California lottery it will take 6-8 weeks before l see that cheque. We talking close to Christmas here..nah, sorry..no way!

If that is the case wouldn't it be wise to wait until 2015 to claim the prize for tax purposes? Paying the additional Federal taxes in 2016 would be better than paying in April of 2015.

jjtheprince

Very good advice there, the less you can get away with giving to the greedy government, the better!

whiteballz's avatarwhiteballz

Quote: Originally posted by Drenick1 on Nov 1, 2014

If that is the case wouldn't it be wise to wait until 2015 to claim the prize for tax purposes? Paying the additional Federal taxes in 2016 would be better than paying in April of 2015.

I'd rather pay the taxes in April of 2015 than April of 2016. You'll be paying 39.6% on any income over $413,000 either way.

Someone might say you could use the extra year to get some interest income but one year CD rates at the bank are so laughably low it isn't even worth it. Waiting the extra year also gives state politicians extra time to pass a new law to tax lottery winnings even more.

New Jersey just dodged a tax bullet recently: https://www.lotterypost.com/news/282151

I doubt this will be the last time a politician will propose a new law to tax lottery winnings more and next time the law might pass. It's not just NJ, most states would love the extra tax revenue. The last time NJ passed a new law to tax lottery winnings more was July 2009 and the tax was retroactive back to January 1 2009. So it didn't matter if you won before the law was passed, you'd still be taxed.

"N.J. Lottery goes from zero to highest tax rate in the USA"

https://www.lotterypost.com/news/196448

I'd pay the taxes as soon as possible and move to a tax friendly state or tax friendly jurisdiction.

Marilyn222's avatarMarilyn222

Is it fall back yet? I'm on time when I arrive there in the U.S. for the big MM JP...lolGreen laugh

music*'s avatarmusic*

Thank You Marilyn222 for the sweet reminder about setting our clocks back one hour. Saturday night before bed.

Smiley Santa

Marilyn222's avatarMarilyn222

Quote: Originally posted by music* on Nov 1, 2014

Thank You Marilyn222 for the sweet reminder about setting our clocks back one hour. Saturday night before bed.

Smiley Santa

YW...now let's win the MM JP!Smile

dpoly1's avatardpoly1

I have my ticket

Party

mikeintexas's avatarmikeintexas

Quote: Originally posted by Drenick1 on Nov 1, 2014

If that is the case wouldn't it be wise to wait until 2015 to claim the prize for tax purposes? Paying the additional Federal taxes in 2016 would be better than paying in April of 2015.

That's what I've always thought, but I've also wondered if the JP counts as income for the yr. when you claim it or when you won it?  If it's the latter, then I guess Uncle Sam will want the rest of his cut in just a few months.

whiteballz: Someone might say you could use the extra year to get some interest income but one year CD rates at the bank are so laughably low it isn't even worth it. Waiting the extra year also gives state politicians extra time to pass a new law to tax lottery winnings even more.

I guess I'm one of those "someones".  You're right about CD rates being laughably low, but I wouldn't agree w/ the "isn't even worth it" part.  Let's say the CV was 100 million (for simplicity's sake).  They'll take out 25%/25 million right away and you'll still have 14.6%/14.6 million to pay come tax time.  In this scenario, you'd have approx. 15 months until you had to pony up the rest.  Again, to simplify things, let's just call it a year (and also b/c of the CD term).   1-yr. jumbo CD rates are from 1-1.15% and once again, let's say 1% to simplify things.  1% of 14.6 million is 146,000 bucks. Since that figure will be added to the 14.6 million you'll owe, it too will be taxed at the highest rate, leaving you a little over 88k.  I suppose when you're talking a hundred million, that's not much in the grand scheme of things, but it will buy you a nice BMW or put in towards that pool or gourmet kitchen in your new home or for the A/V system for the man cave in your basement...or you can invest it again, maybe in something more risky that pays a lot more.    Even at .5% interest, it's still not chicken feed (unless you're like that chicken farmer who won a few months back and his winnings are going to allow him to keep his business)

HenryPatt

I really hope this one can get all the way to 1 billion!

Toronto

You can use cash or accrual accounting for income taxes

noahwill's avatarnoahwill

Interesting stats thanks! You think Mega Millions will beat its own jackpot record?

sully16's avatarsully16

Quote: Originally posted by noise-gate on Nov 1, 2014

Yeah it's hot enough- time to take that baby out of the oven!

I agree

helpmewin's avatarhelpmewin

$321 Go MegaHurray!Party

CDanaT's avatarCDanaT

Quote: Originally posted by music* on Nov 1, 2014

Thank You Marilyn222 for the sweet reminder about setting our clocks back one hour. Saturday night before bed.

Smiley Santa

Ohhhhhhhhhhhh  GREAT..now I gotta wait an extra hour  for the winning numbers to match my ticket numbers  on Tuesday Thud

hearsetrax's avatarhearsetrax

Quote: Originally posted by CDanaT on Nov 2, 2014

Ohhhhhhhhhhhh  GREAT..now I gotta wait an extra hour  for the winning numbers to match my ticket numbers  on Tuesday Thud

 

sleepy lobster

i only need one (1) million of the 321 million and I will be fine

Teddi's avatarTeddi

Quote: Originally posted by mikeintexas on Nov 2, 2014

That's what I've always thought, but I've also wondered if the JP counts as income for the yr. when you claim it or when you won it?  If it's the latter, then I guess Uncle Sam will want the rest of his cut in just a few months.

whiteballz: Someone might say you could use the extra year to get some interest income but one year CD rates at the bank are so laughably low it isn't even worth it. Waiting the extra year also gives state politicians extra time to pass a new law to tax lottery winnings even more.

I guess I'm one of those "someones".  You're right about CD rates being laughably low, but I wouldn't agree w/ the "isn't even worth it" part.  Let's say the CV was 100 million (for simplicity's sake).  They'll take out 25%/25 million right away and you'll still have 14.6%/14.6 million to pay come tax time.  In this scenario, you'd have approx. 15 months until you had to pony up the rest.  Again, to simplify things, let's just call it a year (and also b/c of the CD term).   1-yr. jumbo CD rates are from 1-1.15% and once again, let's say 1% to simplify things.  1% of 14.6 million is 146,000 bucks. Since that figure will be added to the 14.6 million you'll owe, it too will be taxed at the highest rate, leaving you a little over 88k.  I suppose when you're talking a hundred million, that's not much in the grand scheme of things, but it will buy you a nice BMW or put in towards that pool or gourmet kitchen in your new home or for the A/V system for the man cave in your basement...or you can invest it again, maybe in something more risky that pays a lot more.    Even at .5% interest, it's still not chicken feed (unless you're like that chicken farmer who won a few months back and his winnings are going to allow him to keep his business)

I'm inclined to agree. Even though the interest rate is seriously low, safely earning $1 is still a $1 more than zero. And when the amount being invested is in the millions then that's way way way more than zero.

And I wouldn't even think of the interest earned in terms of a new BMW or Audi, I'd put the entire interest earned towards that tax bill and consider it that much less coming out of my original winnings.

Teddi's avatarTeddi

Quote: Originally posted by whiteballz on Nov 1, 2014

I'd rather pay the taxes in April of 2015 than April of 2016. You'll be paying 39.6% on any income over $413,000 either way.

Someone might say you could use the extra year to get some interest income but one year CD rates at the bank are so laughably low it isn't even worth it. Waiting the extra year also gives state politicians extra time to pass a new law to tax lottery winnings even more.

New Jersey just dodged a tax bullet recently: https://www.lotterypost.com/news/282151

I doubt this will be the last time a politician will propose a new law to tax lottery winnings more and next time the law might pass. It's not just NJ, most states would love the extra tax revenue. The last time NJ passed a new law to tax lottery winnings more was July 2009 and the tax was retroactive back to January 1 2009. So it didn't matter if you won before the law was passed, you'd still be taxed.

"N.J. Lottery goes from zero to highest tax rate in the USA"

https://www.lotterypost.com/news/196448

I'd pay the taxes as soon as possible and move to a tax friendly state or tax friendly jurisdiction.

You know what, I had no idea about this retroactive tax law, but I've been saying for a while that something like this would happen and that's why I'd never take an annuity. Any time a state is short of funds, they'll pass a law to come after lottery winners. Lottery winners and smokers are the least sympathetic groups of people to hit with a tax. The rest of society would rather see them hit with a tax bill than for an entire state to experience a tax hike. I'm not going to deny that I'm a-ok with taxing nicotine products but I do have an issue with retroactive taxes on lottery winners simply because NJ wanted a cut of that >$200 million jackpot. 

But it passed and other states will do the same whenever there is a budget shortfall because the majority of constituents won't be affected and won't care. Annuity payments are definitely going to be at risk. CV all the way.

KY Floyd's avatarKY Floyd

Quote: Originally posted by mikeintexas on Nov 2, 2014

That's what I've always thought, but I've also wondered if the JP counts as income for the yr. when you claim it or when you won it?  If it's the latter, then I guess Uncle Sam will want the rest of his cut in just a few months.

whiteballz: Someone might say you could use the extra year to get some interest income but one year CD rates at the bank are so laughably low it isn't even worth it. Waiting the extra year also gives state politicians extra time to pass a new law to tax lottery winnings even more.

I guess I'm one of those "someones".  You're right about CD rates being laughably low, but I wouldn't agree w/ the "isn't even worth it" part.  Let's say the CV was 100 million (for simplicity's sake).  They'll take out 25%/25 million right away and you'll still have 14.6%/14.6 million to pay come tax time.  In this scenario, you'd have approx. 15 months until you had to pony up the rest.  Again, to simplify things, let's just call it a year (and also b/c of the CD term).   1-yr. jumbo CD rates are from 1-1.15% and once again, let's say 1% to simplify things.  1% of 14.6 million is 146,000 bucks. Since that figure will be added to the 14.6 million you'll owe, it too will be taxed at the highest rate, leaving you a little over 88k.  I suppose when you're talking a hundred million, that's not much in the grand scheme of things, but it will buy you a nice BMW or put in towards that pool or gourmet kitchen in your new home or for the A/V system for the man cave in your basement...or you can invest it again, maybe in something more risky that pays a lot more.    Even at .5% interest, it's still not chicken feed (unless you're like that chicken farmer who won a few months back and his winnings are going to allow him to keep his business)

"I've also wondered if the JP counts as income for the yr. when you claim it or when you won it?"

I think everybody realizes that you  can't just hang on to a paycheck for a month in order to claim income form that check in the following year. The IRS figured that one out a long time ago, so to prevent people from postponing income to which they're entitled they came up with the concept of "economic benefit" or "constructive receipt".   That means that the year in which any kind of income is taxable depends on when you  have "constructive receipt":
"income although not actually reduced to a taxpayer's possession is constructively received by him in the taxable year during which it is
credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn
upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the
taxpayer's control of its receipt is subject to substantial limitations or restrictions."

Income being "otherwise made available" seems to make it clear that you gain constructive receipt the moment the drawing makes your ticket a winner, subject to any "substantial limitations or restrictions". That you almost certainly have to wait until at least 8 or 9 AM on the next business day to even present the ticket at a lottery office is clearly a substantial limitation on your ability to collect. That it will take some time for the lottery to finish their process to actually make funds available is a restriction that postpones constructive receipt a bit longer. Exactly how long isn't necessarily simple.

Until recently I've figured that you can't postpone constructive receipt beyond the minimum time it would take for the lottery to actually make payment if you presented the ticket shortly after the drawing, because voluntarily sitting on your ass for 6 months before presenting a winning ticket is a choice rather than a  substantial limitation or restriction. That would probably mean that a prize won in November or December is taxable in the following year, while a prize won earlier in the year is taxable in that year, and in general, when there's a dispute between the IRS and a taxpayer the IRS takes the position that income became taxable in the year before the taxpayer wants to declare the income.

On at least one occasion the IRS and a taxpayer have taken opposite positions. On 12/12/1992 Roy Thomas won the $9 million Ohio Super Lotto jackpot. At that time lottery winnings were taxed at a top rate of 20%, but that rate increased to 28% on January 1st, 1993. Thomas actually collected the money (less withholding, of course) on 1/28/93, but claimed the income on his '92 tax return on the theory that he gained constructive receipt when he became entitled to the prize in '92. The short version is that he lost, based on the Ohio lottery taking about 6 weeks to complete their process for making payment, but the details suggest, for multiple reasons, that the payment process may allow a winner to defer taxes by waiting to present the ticket.

In ruling that Thomas didn't gain constructive receipt until '93 the court relied on details of constructive receipt that go beyond the simple concept I quoted above:

  • (1) There must be some fund in which money or property has been placed;
  • (2) The fund must be irrevocable and beyond the reach of the creditors of the party who transferred the funds to the escrow or trust; and
  • (3) The beneficiary must have vested rights to the money, with receipt conditioned only on the passage of time.

In the case of Thomas, the Ohio lottery never put the prize money in a fund that was specifically for Thomas, transferring it through various funds that were used for other purposes and that weren't irrevocable.  The court also relied on the possibility that the lottery's validation process could have determined that Thomas' ticket wasn't a valid winner. If that had happened Thomas would never have been entitled to the money, and therefore would never have constructive receipt.

Of course the procedure used at that time isn't necessarily still in place and other lotteries may have always used different procedures, so it's possible that some prize monies might be put into a fund that meets the requirements above. I've seen information in the past that indicated that the prize money for MM is actually invested in an annuity, which is then sold if the winner chooses the lump sum option. There may be an argument that the annuity is a fund for the sole benefit of the winner, but since the lottery is able to sell the annuity I don't think the fund meets the requirement to be irrevocable. I don't see any way around the need for the ticket to be validated as a the actual winning ticket.

The argument against using those details to postpone taxes is that it goes completely against the entire purpose of constructive receipt, by allowing a taxpayer to voluntarily postpone income in order to postpone payment of taxes. I don't know if there's been a court case to clearly establish whether simply sitting on a ticket will allow you to postpone receipt.

"you'd have approx. 15 months until you had to pony up the rest."

That's not how it actually works. Even though 25% will be withheld before payment a lottery winner will be required to make estimated tax payments, just as is required for other income that isn't subject to regular withholding. Estimated taxes are paid quarterly, based on the expected annual income at the time of payment, with payments due on 4/15, 6/15, 9/15, and 1/15 of the following year. In the case of winning $100 million and having $25 million withheld, the remaining $15 million (rounded for simplicity) would be due as a $5 million payment on 9/15 and the final $10 million on 1/15. That means the best case scenario is collecting on January 1st and having 8 1/2 months to invest $5 million and  12 1/2 months to invest the $10 million. At the opposite end of the spectrum you might collect on 12/15 and get to invest the whole $15 million for a month.

Considering that the choices are to invest in a manner that could result in losing principal or in a guaranteed but modest investment that could be more than wiped out by a modest increase in tax rates makes me think that trying to postpone taxes for a year is a gamble that's not worth the risk. I'm still waiting to find an outcome for a lawsuit challenging New Jersey's ability to retroactively impose a higher tax on winners who had already collected their prize, but I see absolutely no argument that you'd be exempt from an increase that only takes effect after you became entitled to claim the money.

jjtheprince

Quote: Originally posted by HenryPatt on Nov 2, 2014

I really hope this one can get all the way to 1 billion!

Won't ever happen.  When jackpots get really high it starts to become way too easy to win.

One-Day

Edit:  NV, Drenick1 about the tax Q.  Got it.

peppy007

Todd must have jackpot fatigue lol. I remember when a jackpot reached 100 million , there would be an article written on it on lp.  Now it took the jackpot to reach over 300 mil to read something about it. First time in a long time I spend 10 dollars on megamillions. May the lottery gods make me rich.

reddbrim's avatarreddbrim

You have to play to win and I am playing, I dont know how much but I am playing.

Piaceri

Quote: Originally posted by KY Floyd on Nov 2, 2014

"I've also wondered if the JP counts as income for the yr. when you claim it or when you won it?"

I think everybody realizes that you  can't just hang on to a paycheck for a month in order to claim income form that check in the following year. The IRS figured that one out a long time ago, so to prevent people from postponing income to which they're entitled they came up with the concept of "economic benefit" or "constructive receipt".   That means that the year in which any kind of income is taxable depends on when you  have "constructive receipt":
"income although not actually reduced to a taxpayer's possession is constructively received by him in the taxable year during which it is
credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn
upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the
taxpayer's control of its receipt is subject to substantial limitations or restrictions."

Income being "otherwise made available" seems to make it clear that you gain constructive receipt the moment the drawing makes your ticket a winner, subject to any "substantial limitations or restrictions". That you almost certainly have to wait until at least 8 or 9 AM on the next business day to even present the ticket at a lottery office is clearly a substantial limitation on your ability to collect. That it will take some time for the lottery to finish their process to actually make funds available is a restriction that postpones constructive receipt a bit longer. Exactly how long isn't necessarily simple.

Until recently I've figured that you can't postpone constructive receipt beyond the minimum time it would take for the lottery to actually make payment if you presented the ticket shortly after the drawing, because voluntarily sitting on your ass for 6 months before presenting a winning ticket is a choice rather than a  substantial limitation or restriction. That would probably mean that a prize won in November or December is taxable in the following year, while a prize won earlier in the year is taxable in that year, and in general, when there's a dispute between the IRS and a taxpayer the IRS takes the position that income became taxable in the year before the taxpayer wants to declare the income.

On at least one occasion the IRS and a taxpayer have taken opposite positions. On 12/12/1992 Roy Thomas won the $9 million Ohio Super Lotto jackpot. At that time lottery winnings were taxed at a top rate of 20%, but that rate increased to 28% on January 1st, 1993. Thomas actually collected the money (less withholding, of course) on 1/28/93, but claimed the income on his '92 tax return on the theory that he gained constructive receipt when he became entitled to the prize in '92. The short version is that he lost, based on the Ohio lottery taking about 6 weeks to complete their process for making payment, but the details suggest, for multiple reasons, that the payment process may allow a winner to defer taxes by waiting to present the ticket.

In ruling that Thomas didn't gain constructive receipt until '93 the court relied on details of constructive receipt that go beyond the simple concept I quoted above:

  • (1) There must be some fund in which money or property has been placed;
  • (2) The fund must be irrevocable and beyond the reach of the creditors of the party who transferred the funds to the escrow or trust; and
  • (3) The beneficiary must have vested rights to the money, with receipt conditioned only on the passage of time.

In the case of Thomas, the Ohio lottery never put the prize money in a fund that was specifically for Thomas, transferring it through various funds that were used for other purposes and that weren't irrevocable.  The court also relied on the possibility that the lottery's validation process could have determined that Thomas' ticket wasn't a valid winner. If that had happened Thomas would never have been entitled to the money, and therefore would never have constructive receipt.

Of course the procedure used at that time isn't necessarily still in place and other lotteries may have always used different procedures, so it's possible that some prize monies might be put into a fund that meets the requirements above. I've seen information in the past that indicated that the prize money for MM is actually invested in an annuity, which is then sold if the winner chooses the lump sum option. There may be an argument that the annuity is a fund for the sole benefit of the winner, but since the lottery is able to sell the annuity I don't think the fund meets the requirement to be irrevocable. I don't see any way around the need for the ticket to be validated as a the actual winning ticket.

The argument against using those details to postpone taxes is that it goes completely against the entire purpose of constructive receipt, by allowing a taxpayer to voluntarily postpone income in order to postpone payment of taxes. I don't know if there's been a court case to clearly establish whether simply sitting on a ticket will allow you to postpone receipt.

"you'd have approx. 15 months until you had to pony up the rest."

That's not how it actually works. Even though 25% will be withheld before payment a lottery winner will be required to make estimated tax payments, just as is required for other income that isn't subject to regular withholding. Estimated taxes are paid quarterly, based on the expected annual income at the time of payment, with payments due on 4/15, 6/15, 9/15, and 1/15 of the following year. In the case of winning $100 million and having $25 million withheld, the remaining $15 million (rounded for simplicity) would be due as a $5 million payment on 9/15 and the final $10 million on 1/15. That means the best case scenario is collecting on January 1st and having 8 1/2 months to invest $5 million and  12 1/2 months to invest the $10 million. At the opposite end of the spectrum you might collect on 12/15 and get to invest the whole $15 million for a month.

Considering that the choices are to invest in a manner that could result in losing principal or in a guaranteed but modest investment that could be more than wiped out by a modest increase in tax rates makes me think that trying to postpone taxes for a year is a gamble that's not worth the risk. I'm still waiting to find an outcome for a lawsuit challenging New Jersey's ability to retroactively impose a higher tax on winners who had already collected their prize, but I see absolutely no argument that you'd be exempt from an increase that only takes effect after you became entitled to claim the money.

Nice research, Floyd. Thanks for the info. At this late in the year, it does not make sense to collect before the end of the year unless it is a pool with several winners. Given the time to set up trusts and various entities, 60 days is okay, but pushes things very close to the holidays with closed offices and people taking holiday. I'd try and collect within 30-60 days, but if whoever tax atty I hired says to wait... I'd wait.

 

I'll be investing as usual, maybe add a few bucks more. Remember, Powerball has also crossed that $100 million cash threshold. I'm buying both. Plus my office lottery pool of 21 regulars kicks in at $100m, but we are playing MM at $3 each rather than PB at $6 each.

 

This the the kind of jackpot that needs a single ticket holder just to rile up the cult of envy. Green laugh

RJOh's avatarRJOh

Quote: Originally posted by reddbrim on Nov 2, 2014

You have to play to win and I am playing, I dont know how much but I am playing.

Ditto, but first I plan to test my numbers on the local Classic Lotto (6/49) game.

THRIFTY's avatarTHRIFTY

Quote: Originally posted by noise-gate on Nov 1, 2014

Yeah it's hot enough- time to take that baby out of the oven!

$1 INVESTMENT TURNED INTO $321 MILLION.

THRIFTY's avatarTHRIFTY

Quote: Originally posted by LottoMetro on Nov 1, 2014

I think I will participate in this draw. Thanks in advance to everyone who contributed to my pending winfall Wink

Going to be my first Mega Millions purchase of the year!

Ask and You Shall Receive.Good Luck.

Drenick1's avatarDrenick1

Quote: Originally posted by THRIFTY on Nov 3, 2014

$1 INVESTMENT TURNED INTO $321 MILLION.

A dollar and a dream along with a whole bunch of luck is all it takes.

THRIFTY's avatarTHRIFTY

Quote: Originally posted by Goteki54 on Nov 1, 2014

I'll be sure to send all the members of LP a post card from my new home in Saint Thomas when I win!Thumbs Up

Your jackpot fever has started. Do not spend $10,000 on Mega Millions tickets.

THRIFTY's avatarTHRIFTY

Quote: Originally posted by Drenick1 on Nov 3, 2014

A dollar and a dream along with a whole bunch of luck is all it takes.

$1 still has plenty of buying power. I wish you the best, may your dreams come true.

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