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Under section 1.117-6(f)(3), Proposed Income Tax Regs., 53
Fed. Reg. 21693 (June 9, 1988), a notice of award is considered
granted prior to August 17, 1986, if the grantor made a firm
commitment to provide the recipient with a fixed or readily
determinable dollar amount. If a scholarship or fellowship was
granted for a period exceeding one academic period (e.g.,
semester), amounts received in subsequent academic periods will
be treated as granted before August 17, 1986, only if all of the
following conditions are met: (1) The amount awarded for the
first academic period is described in the original notice of
award as a fixed cash amount or readily determinable amount; (2)
the original notice of award contains a firm commitment by the
grantor to provide the scholarship or fellowship grant for more
than one academic period; and (3) the recipient is not required
to reapply to the grantor in order to receive the scholarship or
fellowship in future academic periods. Sec. 1.117-6(f)(3),
Proposed Income Tax Regs.
We note at the outset that proposed regulations "carry no
more weight than a position advanced [on brief] by respondent."
Estate of Wallace v. Commissioner, 95 T.C. 525, 547 (1990), affd.
965 F.2d 1038 (11th Cir. 1992); Miller v. Commissioner, 70 T.C.
448, 460 (1978) (quoting F.W. Woolworth Co. v. Commissioner, 54
T.C. 1233, 1265-1266 (1970)). However, we may use such proposed
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