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"The legal question of whether it is a gift or prize is whether the transferor is giving the property out of detached and disinterested generosity," Professor Graetz said.
Gifts for tax purposes are defined as "proceeds from a detached and disinterested generosity, out of affection, respect, admiration, charity or like impulses," according to a 1960 United States Supreme Court case, Commissioner v. Duberstein.
Gifts are made out of "detached and disinterested generosity". Was the transfer of the briefcase or the country club membership detached and disinterested?
The Supreme Court has said that for a transfer to be a tax-free gift for the recipient, the donor must be acting out of "detached and disinterested generosity" and without expecting any economic benefit.
The Tax Court found that the special donations were taxable income; they were not made out of a "detached and disinterested generosity," but rather to reward Banks for her services and to entice her to continue as pastor.
In Duberstein, the Supreme Court defined a gift as proceeding "from a detached and disinterested generosity...out of affection, respect, admiration, charity, or like impulses". In other words, the critical consideration is the transferor's intention when the payment was made.
Similar(53)
At its best, too, science lives up to its own mythology: a disinterested, self-effacing search after truth, carried out by people of humility in true generosity of spirit.
5. Generosity begets generosity.
6. Generosity.
Jones looks especially disinterested.
I'm disinterested.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com