Question juridique clé
Whether the residential right was gratuitous for income tax purposes despite a one-time amount credited in the sale contract.
Solution extraite
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.
Motifs extraits
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.