Michael B. Streiff and Lauren D. Streiff - Page 5




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                              agency. B is a candidate for a degree for purposes of this                                                                                   
                              section. Thus, B may exclude from gross income any amount                                                                                    
                              received as a qualified scholarship, subject to the rules                                                                                    
                              set forth in paragraph (d) of this section.  [Sec. 1.117-                                                                                    
                              6(c)(6), Proposed Income Tax Regs., 53 Fed. Reg. 21692 (June                                                                                 
                              9, 1988).]                                                                                                                                   
                    Petitioner contends that his situation is analogous to the                                                                                             
                    example provided by the regulations.  Petitioner argues that,                                                                                          
                    while he was not receiving a degree, he was receiving training                                                                                         
                    that would qualify him for board certification, the equivalent of                                                                                      
                    meeting vocational training requirements.                                                                                                              
                              Initially we note that these are proposed regulations and                                                                                    
                    are essentially without precedential value.  See Laglia v.                                                                                             
                    Commissioner, 88 T.C. 894, 897 (1987), and cases cited therein.                                                                                        
                    But, even if we were to accept the validity of the position                                                                                            
                    espoused in the proposed regulations, petitioner does not meet                                                                                         
                    the requirements.  The grant was for financial support while                                                                                           
                    petitioner was engaged in hematology research, not for the board                                                                                       
                    certification process.  As stipulated by the parties,                                                                                                  
                    petitioner's board certification process was separate from the                                                                                         
                    grant.  The grant neither requires nor contemplates that                                                                                               
                    petitioner will be involved in the process of achieving board                                                                                          
                    certification or any other type of training program.                                                                                                   
                              In addition, even if we were to accept petitioner's argument                                                                                 
                    that the grant is somehow linked to the board certification                                                                                            
                    process, the board would have to meet the definitional                                                                                                 
                    requirements of an "educational organization" as provided by                                                                                           





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