- 5 - incentive of anticipated benefit” of an economic nature, it is not a gift. And, conversely, “[w]here the payment is in return for services rendered, it is irrelevant that the donor derives no economic benefit from it.” A gift in the statutory sense, on the other hand, proceeds from a “detached and disinterested generosity,” “out of affection, respect, admiration, charity or like impulses.” And in this regard, the most critical consideration * * * is the transferor’s “intention.” * * * * * * The donor’s characterization of his action is not determinative–-that there must be an objective inquiry as to whether what is called a gift amounts to it in reality. It scarcely needs adding that the parties’ expectations or hopes as to the tax treatment of their conduct * * * [has] nothing to do with the matter. * * * The proper criterion * * * is one that inquires what the basic reason for * * * [the donor’s] conduct was in fact--the dominant reason that explains his action in making the transfer. * * * [Fn. refs. and citations omitted.] Petitioners have the burden of establishing that the amounts in dispute constituted nontaxable gifts. See Rule 142(a). The fundamental problem with petitioners’ case is that we have no evidence as to the dominant reason for the transfers. Instead, all we have is petitioner’s characterization of the transfers as gifts, which in itself has little or no evidentiary value. On the other hand, the evidence that we do have strongly suggests that the transfers were not gifts within the meaning of section 102(a). The transfers arose out of petitioner’s relationship with the members of his congregation presumably because they believed he was a good minister and they wanted to reward him. Furthermore, petitioner testified that without the gifts his activity as a minister was essentially a money losingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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