- 9 - (1986), 1986-3 C.B. (Vol. 3) 1, 49. Clearly, the amounts received by petitioner do not fall within the narrow exception intended for purely personal reasons. Accordingly, under section 102(c)(1), petitioner would not be entitled to treat the amounts received as excludable from gross income. Furthermore, the record does not support a finding that Dr. Deland, based on detached and disinterested generosity and out of affection, respect, and admiration, intended to make gifts to petitioner. Commissioner v. Duberstein, 363 U.S. 278, 285 (1960). The facts in this case reflect that the amounts paid to petitioner were in exchange for her high-quality performance as an employee. The amounts were paid as bonuses after evaluation of her performance by the corporation’s chief operating officer and his recommendation of the bonus amounts. The recommended amounts were approved by Dr. Deland, the person who petitioner alleges made the alleged gifts. It is clear from this record that petitioner was a key employee and that the amount she received in each of the 3 years was earned and commensurate with the bonuses paid to other employees, including Mr. Sullivan. Petitioner has placed much emphasis on the fact that Dr. Deland was a personal friend, and she contends that the friendship was the source of disinterested generosity to support a gift. Dr. Deland’s approval and payment of the amounts in question, however, were not out ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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