## Facts

- Calvert was employed as a taxi driver and regularly received tips from passengers in addition to the standard fare.
- The central dispute involved whether these tips qualified as taxable income or as non-taxable gifts under tax law.
- The court analyzed the nature, frequency, and context of the tips provided to Calvert by passengers.

## Issues

1. Whether tips given by passengers to a taxi driver should be classified as taxable income or non-taxable gifts.
2. What legal criteria demarcate a gift from income, particularly in the context of tips and gratuities.
3. Whether the regularity and expectation of receiving tips influences their classification for tax purposes.

## Decision

- The Court of Appeal held that the tips received by Calvert were properly classified as income and not as gifts.
- It was determined that, despite the voluntary nature of the tips, they were directly related to the services rendered, forming part of the driver's anticipated earnings.
- The regular and consistent nature of the tips supported their classification as a significant element of the driver’s taxable income.

## Legal Principles

- Payments made in connection with the provision of services, even if discretionary, are considered income rather than gifts.
- A genuine gift is characterized by a voluntary transfer where nothing is expected in return, and is unconnected to the provision of a service.
- Regularly received, expected payments connected to employment or professional activities are classified as income for tax purposes.
- The intention of the payer and the payment's relationship to the service provided are key factors in determining whether a payment is a gift or income.

## Conclusion

The Court of Appeal established that tips regularly given in connection with services performed should be treated as taxable income rather than gifts, confirming that such payments form part of assessable earnings for tax purposes.


Calvert v Wainwright [1947] KB 526