Patricia D. Arias - Page 7

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          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 income             






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