- 30 - as an outright and unconditional gift.14 See Sheldon v. Commissioner, T.C. Memo. 1969-170. The facts and circumstances do not support a finding of donative intent on the part of Mahmoud. See In re Marriage of Jacobs, 180 Cal. Rptr. 234 (Ct. App. 1982)(without donative intent, no gift has been made). Gabriel’s own testimony indicates that the household account was established to pay expenses of the Mahmoud Daya family and that Laila was given signatory authority over the account so that she could pay household expenses. Gabriel had a separate checking account to cover his personal expenditures. In fact, all of the mortgage payments on the Foster City residence in 1995 were made from the household account, as were most of the payments on the home equity line of credit and half of the property taxes due for the year. By depositing the checks from Fuad in the household checking account, Mahmoud pooled the $17,500 with Gabriel, Morhaf, and Fuad’s funds so that Laila would have funds at her disposal to cover household expenses. In our view the household account was a “common family fund”, and the contributing members should each be credited with having pooled the amount of their individual contributions. See De La Garza v. Commissioner, 46 T.C. at 448- 14 Even if Mahmoud did intend for Gabriel to have unrestricted use of the $17,500, it could constitute reimbursement for any funds expended by Gabriel on behalf of Mahmoud. See Jewell v. Commissioner, 69 T.C. 791, 801-802 (1978).Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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