Gloria Ann House - Page 4

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                    (3) the prize or award is transferred by the                      
                    payor to a governmental unit or organization                      
                    described in paragraph (1) or (2) of section                      
                    170(c) pursuant to a designation made by the                      
                    recipient.                                                        
               All three of the above conditions must be met in order for a           
          taxpayer to exclude from income an amount received as an award              
          that would otherwise be includable in income pursuant to section            
          74(a).3  Without discussing the conditions set forth in                     
          paragraphs (1) and (2) of section 74(b), it is clear that                   
          petitioner failed to satisfy the condition set forth in paragraph           
          (3).  The university paid the $3,000 directly to petitioner, a              
          fact that petitioner does not dispute.                                      
               Even though petitioner admits that she failed to satisfy the           
          condition set forth in section 74(b)(3), she contends that                  
          because the university failed to withhold any taxes from the                
          award payment, the amount received as an award does not                     
          constitute income to her and therefore need not be included in              
          the income she reported on her 1991 return.  The university's               
          failure to withhold Federal income taxes from the award payment,            
          however, has no effect on the operation of sections 61(a) and               
          74(a) that, as discussed above, require petitioner to include the           
          proceeds of the award in her income.  See Church v. Commissioner,           
          810 F.2d 19 (2d Cir. 1987); Fawcett v. Commissioner, T.C. Memo.             
          1975-271.                                                                   

          3The exception provided in sec. 74(c) has no application in                 
          this case.                                                                  




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