John Walter Wolf - Page 3

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          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.                          

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