- 29 - sections of the Code. See Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-431 (1955). * * * * * * * * * * * * * There is no evidence that the assistance payments were gifts. They were paid to persons and businesses who were damaged by a product of du Pont. As indicated by du Pont, their rough rule of thumb was to make assistance payments of no more than one third of the value of the damage caused. * * * The record establishes that the petitioner was offered settlements in excess of $500,000 and $900,000 in 1992. * * * Clearly, du Pont and the petitioner recognized that du Pont owed petitioner substantially more than the a- mounts of the assistance payments. They were not gifts, but partial compensation for the damage and made in advance to mitigate against further consequential loss by the petitioner. As to the loan theory, du Pont never required repayment. * * * The petitioner was destitute and his only valuable asset was the cause of action against du Pont. * * * None of the normal indicia of a loan are present, no note, no repayment schedule, no interest, and no security. * * * Clearly, the assistance payment was partial payment in compensation for the damage done by Benlate. On the record before us, we agree with respondent that the $150,000 assistance payment is income for 1992. During 1991, du Pont realized that its fungicide Benlate may be responsible for damage to plants, established a Benlate claims process, and retained Crawford to work in the field to assist it in evaluating alleged Benlate damage and processing claims for damage payment. Beginning in 1991 and continuing into 1992, du Pont made as- sistance payments to persons who filed claims with du Pont for alleged damage due to Benlate. The intention of du Pont inPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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