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unless the taxpayer can demonstrate that an acquisition is
specifically exempted from taxation. Id. Moreover, section
1.61-2(a)(1), Income Tax Regs., provides that “Wages, salaries,
commissions paid salesmen * * * are income to the recipients
unless excluded by law”.
Section 102(a) provides: “Gross income does not include the
value of property acquired by gift”. A payment constitutes a
gift if it is given in a spirit of “‘detached and disinterested
generosity’” and not as compensation for services. Commissioner
v. Duberstein, 363 U.S. 278, 285-286 (1960) (quoting Commissioner
v. Lo Bue, 351 U.S. 243, 246 (1956)). The intent of the
transferor determines whether the payment constitutes a gift.
The amounts petitioner received from his employer
represented payments for his services. Those amounts represented
compensation for services rendered. The moneys came from
corporate funds. Those amounts are includable in gross income
including that portion of the payments that came out of the
amounts advanced to the corporation by Mr. Marchisset. None of
the payments can even be remotely connected to a situation that
could be considered as being “excluded by law” under section
1.61-2(a)(1), Income Tax Regs., or as a gift under section
102(a). All the moneys paid to petitioner came out of the
corporate bank account, and there was no written agreement that
would have characterized those payments as anything but
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