- 5 - And, 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, Bogardus v. Commissioner, 302 U.S. 34, 41, it is not a gift. * * * A gift in the statutory sense * * * proceeds from a “detached and disinterested generosity,” Commissioner v. LoBue, 351 U.S. 243, 246; “out of affection, respect, admiration, charity or like impulses.” Robertson v. United States, supra [343 U.S. 711, 714 (1952)] * * *. And in this regard, the most critical consideration, as the Court was agreed in the leading case here, is the transferor’s “intention.” Bogardus v. Commissioner, 302 U.S. 34, 43. * * * B. Whether the $25,000 Payment Was a Gift Petitioners contend that the $25,000 payment was a gift because it was Dr. Hestir’s idea to pay it, and petitioner did not force him to pay it. Petitioner testified that he did not raise the issue of payment after the night he confronted Dr. Hestir. Petitioner threatened Dr. Hestir with a lawsuit in which he would claim $150,000 in damages. Petitioner stated that he called Dr. Hestir 2 days after the confrontation to tell him that Dr. Hestir’s wife knew about the affair, and that Dr. Hestir raised the issue of money. Petitioners contend that, because Dr. Hestir raised the subject of the $25,000 payment, it was a gift. We disagree. We believe that Dr. Hestir thought petitioner wanted a payment because of the affair. We also believe that Dr. Hestir offered the payment not because of detached generosity, but rather as a way to close the matter and avoid being sued by petitioner.Page: Previous 1 2 3 4 5 6 7 8 Next
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