- 27 - Ms. Estes. Consequently, in the event that we were to hold, as we do, that the $150,000 assistance payment is income that must be reported for 1992, pursuant to the parties' stipulation, petitioner would be required to include in his gross income for that year only 70 percent of that payment. Petitioner contends that the $150,000 assistance payment is not income. In support of that contention, petitioner advances the following alternative positions: The purpose of the payment as stated by Dupont's Benlate resolution manager was to mitigate losses, for good will, and retain customers. As such it consti- tuted a gift. A gift is defined in Black's law dictio- nary as a transfer of property without consideration (a right, benefit, forbearance, or detriment exchanged). There was no consideration here, thus the payment was a gift. Gifts are not taxable under IRC �102(a)(2). A gift required donative intent but that intent does not have to have an altruistic motive and can be motivated by self interest. A casual reading of the assistance receipt would made it appear that there was no need to repay the amount. However, a closer reading reveals that the "full amount" (emphasis added) of the assistance pay- ment will be subtracted from any settlement or judge- ment. It does not say that if the settlement or judge- ment is less than the amount of the assistance payment the difference would not have to be repaid. A zero verdict would require the return of the whole assis- tance payment. This is consistent with the opinion of Dupont's Benlate resolution manager stated he and other Dupont officials believed that Dupont has the right to be reimbursed for the amount of the assistance payment. An alternate way to view the assistance payment based on the receipt that it was a no interest loan which would have to be repaid. Loans are not income and are not taxable. (Loans do not require a prom-Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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