Faith J. Larsen - Page 9




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          363 U.S. 278, 285 (1960); Williams v. Commissioner, supra.  The             
          transferor’s intention is the most critical consideration for               
          this inquiry.  Duberstein v. Commissioner, supra at 285.  The               
          transferor’s own characterization of the payment, however, is not           
          determinative.  Id. at 285-286.  There must be an objective                 
          inquiry as to whether the payment is really a gift.  Id.                    
          Payments from an employer to an employee may still be income to             
          the employee even when the two share a close friendship.                    
          Williams v. Commissioner, supra.  Also, payments between an                 
          employer and an employee may be income when the employer provides           
          neither a Form W-2 nor a Form 1099-MISC and fails to withhold tax           
          on those payments.  Leschke v. Commissioner, T.C. Memo. 2001-18.            
          Nevertheless, a payment between an employer and an employee may             
          be a gift when the relationship between the employer and the                
          employee is personal and unrelated to work.  Caglia v.                      
          Commissioner, T.C. Memo. 1989-143; Harrington v. Commissioner,              
          T.C. Memo. 1958-194.  The personal relationship may be indicated            
          by after-work social interactions or activities such as gambling            
          trips.  See Caglia v. Commissioner, supra; Harrington v.                    
          Commissioner, supra.                                                        
               Mr. Hoiland rewarded petitioner’s performance as an officer            
          and employee of PCI with promotions and raises.  Mr. Hoiland                
          arranged to give petitioner the $160,000 payment after she turned           
          down a $20,000 raise and an offer of a home and an automobile.              






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