- 7 - Duberstein, 363 U.S. 278, 285 (1960), the Supreme Court stated that a gift arises out of a transfer resulting from a “‘detached and disinterested generosity,’ * * * ‘out of affection, respect, admiration, charity or like impulses.’” (Citations omitted.) We perform a factual analysis in determining whether a transfer is to be considered a gift, looking primarily at the intent of the transferor. See id. Petitioners contend that the $81,000 withdrawn from the joint account constituted a nontaxable gift. Respondent contends that the $81,000 constituted compensation for services rendered by Paul to Doris Kropp. Doris Kropp did not testify at trial. In support of their argument, Paul and Lorna testified that during 1994, Paul did not render any services to Doris Kropp. Respondent presented two witnesses, Mr. Shea and Mrs. Harte, in support of his position. Although it is without question that Paul performed services for his father and his father’s estate from 1981 to 1984 and that he continued to perform some minor services for Doris Kropp in the years immediately following her husband’s death, the record does not support respondent’s contention that Paul continued to perform services for Doris Kropp as late as 1994, the taxable year at issue. Mr. Shea did not have any personal knowledge of the services Paul may have performed for Doris Kropp in 1994. Mr. SheaPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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