267. Income from employment: testimonials and personal gifts.

In determining whether a payment is earnings or in the nature of a testimonial or personal gift, which may be taxable if at all under the benefits code, relevant factors include1:

  1.  

    (1)     whether the payment (from the point of view of the recipient) accrues to him by virtue of his office or employment, that is by way of his remuneration for his services;