Legal Opinion

Olick v. Commissioner

United States Tax Court

Decided December 17, 1979No. Docket No. 4017-77PublishedCited by 16 opinions

Petitioner-husband, a Native Alaskan, was engaged in the Alaska Rural Teacher Training Corps program, which involved classroom instruction and extensive practice teaching as a teacher's aide in native villages.

Read the full summary

Petitioner-husband, a Native Alaskan, was engaged in the Alaska Rural Teacher Training Corps program, which involved classroom instruction and extensive practice teaching as a teacher's aide in native villages. Held, the stipend he received under this program, on the facts, was excludable from petitioners' gross income as a scholarship under sec. 117, since the primary purpose of the practice teaching was to train petitioner-husband rather than to obtain his classroom assistance.

1Opinion of the Court

Hall, Judge:

Respondent determined a $588.58 deficiency in petitioners’ income tax for 1973, plus an addition to tax for negligence under section 6653(a)1 of $29.43. Due to a concession by respondent, the issues remaining for decision are:(1) Whether certain payments received in 1973 by Max D. Olick while he was a teacher-in-training in the Alaska Rural Teacher Training Corps program qualified as a scholarship excludable from gross income;(2) Whether petitioners’ underpayment of tax in 1973 was due to negligence; and(3) Whether petitioners are entitled to attorneys’ fees and costs.

FINDINGS OF…

2Cases cited20 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Bingler v. JohnsonSupreme Court of the United States · 1969
  3. Sharon v. CommissionerUnited States Tax Court · 1976
  4. Reese v. CommissionerUnited States Tax Court · 1966
  5. Joel A. Sharon and Ann L. Sharon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1979

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Estate of Crafts v. CommissionerUnited States Tax Court · 1980
  2. Allen v. CommissionerUnited States Tax Court · 1983
  3. Christman v. CommissionerUnited States Tax Court · 1989
  4. Daniel v. CommissionerUnited States Tax Court · 1980
  5. Estate of Crafts v. CommissionerUnited States Tax Court · 1980

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API