Sport Magazine annually awarded a new Corvette to the outstanding player in the National Football League championship game.

[3] Paul Hornung scored a record 19 points in the game, helping the Packers win the championship 37-0.

[3] The editor in chief of Sport Magazine did not have the key or the title of the Corvette with him in Green Bay, nor did Hornung request immediate possession of the car at the time the award was accepted.

[6] The title to the cars remained with Ford, though Hornung paid the insurance and all operating costs while driving the Thunderbirds.

[6] After winning the Western Division title of the National Football League in 1961, Vince Lombardi bought and distributed fur stoles to the wives, friends, and mothers of each player on the team.

[9] At that time, the car was physically in the state of New York, and the editor in chief of Sport Magazine had neither keys nor title to the vehicle to give to Hornung to establish his possession.

[10] After the Court established that the car has been received in 1962, it turned to a determination of whether it should be included in gross income for that year, specifically addressing Hornung's "gift" argument.

[10] The court determined that the Corvette was not given as a gift because Sport Magazine had a motive for giving it beyond a 'detached and disinterested generosity' (a requisite for a judicial finding of a 'gift').

[11] The court dismissed Hornung's claims that the championship football game constitutes an educational, artistic, scientific, or civic achievement.

[13] Relying on the test provided in Commissioner v. Glenshaw Glass Co., the court found that the benefit was an undeniable accession to wealth, clearly realized, and over which Hornung had complete dominion; and therefore was taxable gross income under section 61 of the tax code.