Delbert C. Getman - Page 6




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               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,                  







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