- 6 - Const. art. VI, cl. 2. The decision of the Tax Court is to be made under Federal law, the Internal Revenue Code; this is not a proceeding under Chapter 5, Family Support Duties, under Arizona State law. The laws of a State cannot govern issues of Federal tax law. Commissioner v. Tower, 327 U.S. 280, 287-288 (1946); First Natl. Bank of Omaha v. United States, 681 F.2d 534, 541 n.4 (8th Cir. 1982). It is true that section 102 excludes from gross income the value of property received as a “gift”. A gift in the statutory sense, however, proceeds from a “detached and disinterested generosity”, Commissioner v. Lo Bue, 351 U.S. 243, 246 (1956), out of affection, respect, admiration, charity, or like impulses. Robertson v. United States, 343 U.S. 711, 713-714 (1952). The most critical consideration is the transferor’s intent. Bogardus v. Commissioner, 302 U.S. 34, 43 (1937); see Commissioner v. Duberstein, 363 U.S. 278, 285-286 (1960). Because of the acrimony between petitioner and Arias it is doubtful that the payments proceeded from “detached and disinterested generosity” out of Arias’s affection, respect, admiration, charity, or like impulses. Arias testified that his intent was to pay petitioner spousal maintenance and child support. The circumstances support his testimony. The Court finds that $30,000 of the payments received by petitioner from Arias in 2002 is includable in her gross incomePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011