- 6 - affection, respect, admiration, charity or like impulses'", or from a "'detached and disinterested generosity'," as a gift. Commissioner v. Duberstein, 363 U.S. 278, 285 (1960) (quoting Robertson v. United States, 343 U.S. 711, 714 (1952) and Commissioner v. Lo Bue, 351 U.S. 243, 246 (1956)); Osborne v. Commissioner, T.C. Memo. 1995-71. We agree with respondent that no bona fide debt existed between petitioner and the Institute. There was no agreement of any type between them regarding repayment of the funds, petitioner offered no security, and no interest was required or paid. However, this does not dispose of the issue. As the testimony made clear, the Institute served merely as a conduit to effectuate a transfer of funds from D'Souza to petitioner. The Institute provided the funds solely upon D'Souza's request; it did not receive any services by petitioner, and it did not acquire any publishing or royalty rights held by petitioner. It is also clear that D'Souza intended the transfer to be either a gift or a loan to petitioner. Under either scenario, however, the $10,000 is not taxable income to petitioner, and we need not explore the issue further. It also follows that petitioner would not be liable for any tax on self-employment income. Respondent determined that petitioner was liable for an addition to tax under section 6651(a) for failure to file a return. Section 6651(a) provides for an addition to tax in the case of a failure to file a return unless it is established thatPage: Previous 1 2 3 4 5 6 7 8 Next
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