Key legal question
Whether the residential right was gratuitous for income tax purposes despite a one-time amount credited in the sale contract.
Extracted holding
The term gratuitous right refers to the absence of periodic compensation during the exercise of the right, not to the acquisition of the right itself.
Extracted reasoning
The contract contained no periodic rent and only an upfront amount linked to the grant of the right; the decisive point is the actual will of the parties and the statutory wording, which targets free use during the right's duration.