- 5 - importantly, if the payment proceeds primarily from "the constraining force of any moral or legal duty," or from "the incentive of anticipated benefit" of an economic nature, * * * it is not a gift. And, conversely, "Where 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, as the Court was agreed in the leading cases here, is the transferor's "intention." * * * "What controls is the intention with which payment, however voluntary, has been made." * * * The record does not support a finding that the $25,000 payment to petitioner, a former employee of the Company, was intended to be a gift. To be sure, while petitioner's former employer was grateful to current and retired employees, including petitioner, for their services to the Company over the years, the record reflects that the payment in question was not imbued with any characteristics that would make it a gift under the principles recited above. To the contrary, the Company considered the payment as compensation for services rendered, and this is reflected by the Company's issuance of an IRS Form 1099-R and the withholding of Federal and State income taxes on the payment. Moreover, the Company was careful to point out that the payment was not to be considered a payment for services rendered during the year of the payment, 1996 (to avoid reduction of Social Security benefits by retired recipients). However,Page: Previous 1 2 3 4 5 6 7 Next
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