Michael B. Streiff and Lauren D. Streiff - Page 3




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                    requirement.  The board certification process was separate from                                                                                        
                    the hematology training program.                                                                                                                       
                              On their joint 1993 Federal income tax return, petitioners                                                                                   
                    did not include in income the $14,750 fellowship grant received                                                                                        
                    from NIH.  Respondent determined that the grant was includable in                                                                                      
                    income.                                                                                                                                                
                                                                           Discussion                                                                                      
                              Section 61(a) defines gross income to mean all income from                                                                                   
                    whatever source derived.  The internal revenue statutes and/or                                                                                         
                    case law, however, have recognized in one form or another an                                                                                           
                    exemption for financial aid to persons pursuing education goals.                                                                                       
                    See Spiegelman v. Commissioner, 102 T.C. 394 (1994).  Prior to                                                                                         
                    1986, the exemption from income of scholarship or fellowship                                                                                           
                    payments focused basically on whether the recipient was required                                                                                       
                    to perform services or to provide a benefit for another in a quid                                                                                      
                    pro quo arrangement.  Id. at 399-402.                                           The pre-1986 section 117                                               
                    was amended by section 123 of the Tax Reform Act of 1986, Pub. L.                                                                                      
                    99-514, 100 Stat. 2085, 2112.  The 1986 change was designed to                                                                                         
                    shift the focus of the tax exemption to the use of the funds.                                                                                          
                    The legislative history highlights the congressional intent:                                                                                           
                              The committee believes that the exclusion for scholarships                                                                                   
                              should be targeted specifically for the purpose of                                                                                           
                              educational benefits, and should not encompass other items                                                                                   
                              which would otherwise constitute nondeductible personal                                                                                      
                              expenses.  [H. Rept. 99-426, at 100 (1985), 1986-3 C.B.                                                                                      
                              (Vol. 2) 1, 100.]                                                                                                                            







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