Richard Sharvy v. Commissioner of Internal Revenue

Sharvy appeals from a Tax Court determination that he was not eligible to use the income averaging provisions of IRC § 1301 et seq. on his tax return for 1969 because he had not provided over one-half of his own support for all four base period years as required by IRC § 1303(c)(1). Sharvy’s major source of income during these base period years was a tax-exempt NDEA graduate fellowship for study at Wayne State University. He argues that the fellowship was income to him out of which he furnished his own support. We acknowledge the logical force of his argument, but must reject it because of…