## Facts

- Mr. Brown, a potato merchant, received voluntary payments from farmers intended to cover his losses resulting from a potato shortage.
- The Inland Revenue asserted that these payments constituted taxable business income.
- Mr. Brown contended that the payments were goodwill gestures and should not be taxed.
- The court examined the nature of the payments, including their purpose, the context of the payer-recipient relationship, and the presence or absence of formal agreements.

## Issues

1. Whether voluntary payments received by a business operator from business contacts are taxable as business income or can be considered non-taxable gifts.
2. How to distinguish between gifts and business income for tax purposes when formal agreements are absent.

## Decision

- The court found there was no formal contract obliging the farmers to make the payments, but an informal understanding existed for the funds to help Mr. Brown continue trading, which was mutually beneficial.
- It held that the voluntary payments were linked to Mr. Brown’s business activities and intended to support his commercial operation.
- The payments were determined to be taxable income rather than gifts, as they arose from and furthered business interests.

## Legal Principles

- Payments voluntarily made to a business, if connected to the recipient’s commercial activities and intended to support their business, are generally regarded as taxable income.
- A gift is characterized as a voluntary transfer with no expectation of return and is motivated by personal goodwill, not business objectives.
- The true nature of a payment for tax purposes hinges on the payer’s purpose, the relationship with the recipient, and the connection to business activities, rather than the presence of a formal contract.

## Conclusion

The case clarified that voluntary payments linked to business operations and motivated by a desire to support business continuity are taxable as income, not gifts. It established an enduring principle for distinguishing taxable business receipts from non-taxable gifts, emphasizing the necessity of careful classification and record-keeping for tax compliance.

McGowan v Brown [1977] 3 All ER 844 (Ch D)