Irvin Heard, Jr. - Page 18

                                       - 18 -                                         
          degree given by a college or university.  We note that                      
          petitioner's goal in obtaining a MARC faculty fellowship was to             
          continue his Ph.D. thesis research and ultimately receive the               
          research doctorate.  Based on the record in this case, we are               
          satisfied that petitioner was required to enroll in the master's            
          program at CUNY as a stepping stone toward reaching his ultimate            
          goal, the Ph.D. degree.  Thus, we find that petitioner took                 
          courses in the master's program at CUNY designed to meet the                
          requirements for receiving a degree from that institution, and              
          that petitioner was a candidate for a degree during the years in            
          issue within the meaning of section 117.                                    
               As we have concluded above, section 117 prior to amendment             
          by TRA 1986 applies to the fellowship payments petitioner                   
          received in 1989 and during approximately the first half of 1990;           
          section 117 as amended applies to the fellowship payments                   
          received thereafter (i.e., pursuant to petitioner's request for a           
          1-year extension of his MARC fellowship commencing on June 20,              
          1990).  Since petitioner was a candidate for a degree during the            
          years in issue, he is entitled to exclude all fellowship amounts            
          received under the earlier version of section 117, and only those           
          fellowship amounts used for "qualified tuition and related                  
          expenses" under amended section 117.  Petitioner, however, failed           
          to provide any evidence of the amount he spent on tuition, books,           
          fees, and other related expenses while at CUNY, nor did he                  
          provide a copy of his transcript or other notification from the             




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011