Kernrechtsfrage
Whether the tax authority proved that the payments were a gift rather than taxable income or compensation for services.
Extrahierter Entscheid
The authority did not meet the burden of proving that the amounts were a gift; the payments were not to be qualified as a donation.
Extrahierte Begründung
For asset inflows, the presumption is income unless the contrary is shown; it was for the tax authority to prove the special conditions for gift tax. Its arguments were not persuasive, and the circumstances supported the view that the payments were an appropriate compensation for long-term care and expenses.