Transfer of goods or services that, although regarded as voluntary by those involved, is part of expected social behaviour. First studied by Marcel Mauss, the gift-exchange cycle entails obligations to give, receive, and return, each phase being surrounded with sanctions and calculations involving prestige and the maintenance of social relations. Some sacrifices may be viewed as gifts to supernatural powers from which a return in the form of aid or approval is expected; and the transfer of women in marriage between kin groups usually involves social obligations similar to those found in gift exchange. Seealso potlatch.
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A gift or present is the transfer of something, without the need for compensation that is involved in trade. A gift is a voluntary act which does not require anything in return. Even though it involves possibly a social expectation of reciprocity, or a return in the form of prestige or power, a gift is meant to be free.
In many human societies, the act of mutually exchanging money, goods, etc. may contribute to social cohesion. Economists have elaborated the economics of gift-giving into the notion of a gift economy.
The occasion may be:
A gift may be one of
At common law, for a gift to have legal effect, it was required that there be (1) intent by the donor to give a gift, (2) acceptance of the gift by the donee, and (3) delivery to the donee of the item to be given as a gift.
Pursuant to , property acquired by gift, bequest, devise, or inheritance is not included in gross income and thus a taxpayer does not have to include the value of the property when filing for taxes. Although many items might appear to be gift, courts have held that the most critical factor is the transferor's intent. Bogardus v. Commissioner, 302 U.S. 34, 43, 58 S.Ct. 61, 65, 82 L.Ed. 32. (1937). The transferor must demonstrate a "detached and disinterested generosity" when giving the gift to actually exclude the value of the gift from the taxpayer's gross income. Commissioner of Internal Revenue v. LoBue, 352 U.S. 243, 246, 76 S.Ct. 800, 803, 100 L.Ed. 1142 (1956). Unfortunately, the court's articulation of what exactly satisfies a "detached and disinterested generosity" leaves much to be desired.
Some situations are clearer, however.
For example, Oprah's seemingly good deed of giving new cars to her audience does not satisfy this definition because of Oprah's interest in the promotional value that this event causes for her television show.
In addition, policy reasons for the gift exclusion from gross income are unclear. It is said that no justification exists. It is also said that the exclusion is for administrative reasons, both for taxpayers and for the IRS. Without the exclusion taxpayers would have to keep track of all their gifts, including nominal ones, during the year, and this would create additional oversight problems for the IRS.
Meaning of relative for the purpose of gift is also defined in the Explanation to section 56(2)(vi) of the I T Act as under: (i) spouse of the individual;
(ii) brother or sister of the individual;
(iii) brother or sister of the spouse of the individual;
(iv) brother or sister of either of the parents of the individual;
(v) any lineal ascendant or descendant of the individual;
(vi) any lineal ascendant or descendant of the spouse of the individual;
(vii) spouse of the person referred to in clauses (ii) to (vi);
In the Eastern Orthodox Church the bread and wine that are consecrated during the Divine Liturgy are referred to as "the Gifts". They are first of all the gifts of the community (both individually and corporately) to God, and then, after the epiklesis, the Gifts of the Body and Blood of Christ to the Church.