- 3 - received as a gift. A gift is a transfer that proceeds from a "’detached and disinterested generosity,’ * * * out of affection, respect, admiration, charity or like impulses." Commissioner v. Duberstein, 363 U.S. 278, 285 (1960) (quoting Commissioner v. LoBue, 351 U.S. 243, 246 (1956)). In this case, petitioner's friends and family did not have an expectation of repayment or economic benefit. Instead, petitioner's family and friends transferred money to petitioner with a detached and disinterested generosity and out of charity. With respect to the earned income credit, petitioner had no earned income, and, therefore, is not entitled to the earned income credit. Decision will be entered for respondent.Page: Previous 1 2 3
Last modified: May 25, 2011