Faith J. Larsen - Page 8




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          Form 1099-MISC showing the payment as income.  Respondent                   
          contends that this payment was not a gift and petitioner should             
          have included it in income.  Petitioner claims this payment was a           
          gift from PCI’s owner, Mr. Hoiland, whom petitioner identified as           
          a “close acquaintance”.  Petitioner alleges that Mr. Hoiland’s              
          generosity stemmed from a romantic interest in her rather than              
          her performance for PCI.                                                    
               Gross income is income from whatever source derived unless             
          otherwise excluded.  Sec. 61(a).  Gross income includes                     
          compensation from services.  Sec. 61(a)(1).  Gross income does              
          not include the value of property acquired by gift.  Sec. 102(a).           
          Generally, amounts transferred by or for an employer to, or for             
          the benefit of, an employee are includable in gross income.  Sec.           
          102(c)(1).  The legislative history underlying section 102(c)               
          indicates that a payment from an employer to an employee solely             
          for personal reasons can still be a gift if the payment is                  
          completely unrelated to the employment relationship and reflects            
          no expectation of a business benefit.  Williams v. Commissioner,            
          T.C. Memo. 2003-97 (citing S. Rept. 99-313, at 49 (1986), 1986-3            
          C.B. (Vol. 3) 1, 49), affd. 120 Fed. Appx. 289 (10th Cir. 2005);            
          H. Rept. 99-426, at 106 n.5 (1985), 1986-3 C.B. (Vol. 2) 1, 106.            
               A gift must proceed from a detached and disinterested                  
          generosity, motivated by affection, respect, admiration, charity,           
          or the like for income tax purposes.  Duberstein v. Commissioner,           







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